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Medical Records Employment Litigation

Parker Poe Adams & Bernstein LLP

Fourth Circuit Backs Detailed Medical Inquiry for Safety-Sensitive Job

The Americans with Disabilities Act prohibits employers from asking questions about an employee’s medical condition absent “business necessity.” What exactly constitutes business necessity has been the subject of litigation...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Washington Law Restricts Employers’ Access to Medical Records in WLAD Cases

Washington recently passed a law limiting discovery of medical records and other medical information for discrimination claims brought under the Washington Law Against Discrimination (WLAD). The law went into effect on June...more

Jackson Lewis P.C.

Washington Law Limits Employer’s Right to Plaintiff’s Medical Records in Discrimination Cases

Jackson Lewis P.C. on

Effective June 7, 2018, employers defending claims brought under Washington’s Law Against Discrimination face a very constricted ability to be entitled to obtain a plaintiff’s medical records only if the plaintiff: (1)...more

Littler

New Washington State Law Restricts Permissible Discovery of Plaintiff's Medical Records in Discrimination Lawsuits

Littler on

A new Washington law (SB 6027) impacts the scope of discovery of a plaintiff’s medical records in litigation brought under Washington’s Law Against Discrimination (“WLAD”). The law will become effective on June 7, 2018....more

Seyfarth Shaw LLP

Sixth Circuit Signs Off On EEOC Subpoena In UPS Disability Discrimination Case

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Sixth Circuit recently affirmed a U.S. District Court’s decision granting the EEOC’s application to enforce a subpoena in a disability discrimination investigation, finding that company-wide...more

Akerman LLP - HR Defense

Loose Lips Can Constitute Interference with FMLA Leave

Disclosure of medical confidential information can result in a Family and Medical Leave Act (FMLA) interference claim, even when the employer does not actually interfere with the employee’s right to take FMLA leave. So held a...more

Littler

Annual Report on EEOC Developments – Fiscal Year 2016

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

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