News & Analysis as of

Medical Records Discrimination

Annual Report on EEOC Developments – Fiscal Year 2016

by Littler on

This Annual Report on EEOC Developments—Fiscal Year 2016 (hereafter “Report”), our sixth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more

CMS Proposes Updates to Hospital Conditions of Participation

by King & Spalding on

CMS recently published a proposed rule to update certain of the hospital and critical access hospital (CAH) Medicare and Medicaid conditions of participation (CoPs). With its goals of modernizing hospital and CAH CoPs,...more

The EEOC’s New One-Way Street: Providing Position Statements to Charging Parties

by Genova Burns LLC on

Effective February 18, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) will uniformly allow employees bringing unlawful discrimination claims to gain access to the employer’s Position Statement submitted in...more

Amendments To Queensland Workers' Compensation Legislation: Implications For Hiring

by DLA Piper on

The recent changes to the Workers' Compensation and Rehabilitation Act 2003 (Qld) (WCR Act) have generated debate. The focus has been on the introduction of a threshold for common law claims. However, employers should...more

Medical Discrimination And The Law

by Howard Ankin on

Imagine that you have just found out that you have a serious illness; there are a number of thoughts running through your mind. One of them is “What about work?” ...more

EEOC Attacks Post-Offer Medical Exams in GINA Lawsuits

by Sherman & Howard L.L.C. on

The EEOC filed in May its first ever lawsuits alleging violations of the Genetic Information Nondiscrimination Act (GINA), both of which alleged that the employer violated GINA by including questions about family medical...more

What You Say Can and Will be Held Against You: ADA Confidentiality Requirements Extend Beyond Termination of Employment

by Bracewell LLP on

The Americans with Disabilities Act (ADA) requires any information regarding employees obtained through a medical inquiry to be kept confidential. Such information must be recorded on separate forms and kept in a confidential...more

Loose Lips Do Not Always Sink Ships—Seventh Circuit Rejects EEOC’s View on ADA Medical Records Rule

In EEOC v. Thrivent Financial for Lutherans (issued on November 20, 2012), the Seventh Circuit Court of Appeals, which is the federal appellate court covering Illinois, Indiana, and Wisconsin, ruled that a company did not...more

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