Since late October 2021, when the Equal Employment Opportunity Commission (EEOC) launched its Initiative on Artificial Intelligence (AI) and Algorithmic Fairness, the agency has taken several steps to ensure AI and other...more
On August 16, 2022, in Williams v. Kincaid, the Fourth Circuit held that gender dysphoria can qualify as a disability under the Americans with Disabilities Act (the “ADA”). This is the first federal appellate decision which...more
As we previously reported, effective November 5, 2021, the Centers for Medicare and Medicaid Services (CMS) issued an interim final rule (the Rule) requiring full COVID-19 vaccination for staff and others at Medicare- and...more
We previously discussed the EEOC’s proposed new wellness program incentive rules under the ADA and GINA in our post, How Big Can the Carrot Be? The proposed rules were to replace the EEOC’s previous “health-contingent”...more
Many employers have established wellness programs to promote employee health and, in doing so, help counter the ever increasing costs associated with employer-sponsored health benefit plans. Often employers want to establish...more
Numerous media reports concern the shortage of medical resources, personal protective equipment, and qualified professionals during the growing COVID-19 medical emergency. ...more
Since releasing our Advisory on January 30, 2020, there have been significant developments in connection with the 2019 Novel Coronavirus (“COVID-19” or “Coronavirus”). For example, on February 25, 2020, the U.S. Centers for...more
3/2/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Employer Liability Issues ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
Infectious Diseases ,
Interim Guidance ,
OSHA ,
Presidential Proclamations ,
Public Accommodation ,
Public Health ,
Traveling Employee ,
World Health Organization
The 2019 Novel Coronavirus (“2019-nCoV” or “Coronavirus”) is a rapidly spreading respiratory illness that is raising important issues for employers....more
1/31/2020
/ Americans with Disabilities Act (ADA) ,
Business Travel ,
Centers for Disease Control and Prevention (CDC) ,
Family and Medical Leave Act (FMLA) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Hospitality Industry ,
Human Resources Professionals ,
Infectious Diseases ,
Interim Guidance ,
OSHA ,
Public Health ,
Wage and Hour ,
Workplace Safety ,
World Health Organization
As summer winds down, the challenges impacting health care employers in 2019 continue to heat up. These challenges include ongoing developments regarding marijuana legalization, employee resistance to vaccination mandates,...more
8/30/2019
/ Americans with Disabilities Act (ADA) ,
Decriminalization of Marijuana ,
Drug Testing ,
Employer Liability Issues ,
Health Insurance ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Healthcare Workers ,
Individual Mandate ,
Marijuana ,
OSHA ,
Tax Cuts and Jobs Act ,
Workplace Safety ,
Workplace Violence
Almost ten months into the Trump Administration, the executive and legislative branches have been preoccupied with attempting to repeal and replace the Affordable Care Act (“ACA”) – but each attempt has thus far proved...more
11/1/2017
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Gender Identity ,
Health Care Providers ,
Health Insurance ,
Interactive Process ,
Non-Discrimination Rules ,
Restrictive Covenants ,
Section 1557 ,
Sexual Orientation Discrimination
On August 22, 2017, the U.S. District Court for the District of Columbia held that the U.S. Equal Employment Opportunity Commission’s (“EEOC”) regulations defining what incentives an employer may use to promote participation...more
8/28/2017
/ AARP ,
Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Employee Benefits ,
Employer Group Health Plans ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Incentives ,
Information Reports ,
Medical Examinations ,
Wellness Programs
On December 12, 2016, the Equal Employment Opportunity Commission (“EEOC”) issued a new resource document emphasizing that, under the Americans with Disabilities Act of 1990 (“ADA”), job applicants and employees with mental...more
A Publication from Epstein Becker Green and The ERISA Industry Committee -
Epstein Becker Green and The ERISA Industry Committee (“ERIC”) are pleased to release the current issue of the Benefits Litigation Update...more
11/23/2016
/ 401k ,
Americans with Disabilities Act (ADA) ,
Article III ,
Berkshire Hathaway ,
Class Action ,
Defined Contribution Plans ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Equal Employment Opportunity Commission (EEOC) ,
Fiduciary Duty ,
Investment ,
Mental Health ,
Mergers ,
Pensions ,
Preemption ,
Retirement Plan ,
Safe Harbors ,
Standing ,
Wellness Programs
Epstein Becker Green and The ERISA Industry Committee (“ERIC”) are pleased to release the current issue of the Benefits Litigation Update (“Update”). The Update is a publication which provides four primary...more
7/14/2016
/ Americans with Disabilities Act (ADA) ,
De-Risking ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Preemption ,
Safe Harbors ,
Wage and Hour ,
Wellness Programs
On May 17, 2016, the Equal Employment Opportunity Commission (“EEOC”) published in the Federal Register its final rule setting forth the EEOC’s interpretation of the extent to which employers may use incentives to encourage...more
A Publication from Epstein Becker Green and The ERISA Industry Committee
Epstein Becker Green and The ERISA Industry Committee (“ERIC”) are pleased to release the current issue of the Benefits Litigation Update...more
3/24/2016
/ Americans with Disabilities Act (ADA) ,
Benefit Plan Sponsors ,
CIGNA v Amara ,
Employee Retirement Income Security Act (ERISA) ,
Equal Employment Opportunity Commission (EEOC) ,
Fiduciary Duty ,
NC Board of Dental Examiners v FTC ,
Safe Harbors ,
SCOTUS ,
Telehealth ,
Wage and Hour ,
Wellness Programs ,
Yard Man ,
Zubik v Burwell
On April 16, 2015, the Equal Employment Opportunity Commission (“EEOC”) released its highly anticipated proposed regulations (to be published in the Federal Register on April 20, 2015, for notice and comment) setting forth...more
4/20/2015
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Covered Entities ,
Disability ,
Disability Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Hiring & Firing ,
Job Applicants ,
Medical Examinations ,
PHI ,
Proposed Regulation ,
Screening Procedures ,
Wellness Programs
Despite promulgating a paucity of guidance on what constitutes a “voluntary medical exam” under the Americans with Disabilities Act (“ADA”), on October 27, 2014, the U.S. Equal Employment Opportunity Commission (“EEOC”)...more
For the past several years, the health care community has been not only at the center of vigorous policy debates about the method of health care delivery in this country, but also in the crosshairs of agencies charged with...more
It's December, and human resources professionals and law departments are reflecting on the issues addressed in 2013 and giving thanks for incident-free holiday parties. But the big question is this: What issues should get...more
12/19/2013
/ Accessibility Rules ,
Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Arbitration ,
Class Action Arbitration Waivers ,
Confidentiality Agreements ,
Contract Drafting ,
Department of Justice (DOJ) ,
Disability Access Claims ,
Disability Discrimination ,
Discrimination ,
Dispute Resolution ,
Employee Benefits ,
Employee Rights ,
Employer Group Health Plans ,
Employer Healthcare Costs ,
Employer Liability Issues ,
Exempt-Employees ,
Independent Contractors ,
Internet ,
Labor Disputes ,
NLRB ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Exempt Employees ,
Payroll Taxes ,
Penalties ,
Reasonable Accommodation ,
Wage and Hour
The Financial Alignment Initiative of the Centers for Medicare & Medicaid Services ("CMS") is a test program designed to better coordinate care for dual Medicare-Medicaid enrollees by aligning the financing of Medicare and...more
On May 15, 2013, the Equal Employment Opportunity Commission ("EEOC") updated its prior guidance regarding cancer, diabetes, epilepsy, and intellectual disabilities, so as to clarify employers' obligations under the Americans...more
7/11/2013
/ Americans with Disabilities Act (ADA) ,
Cancer ,
Compliance ,
Department of Transportation (DOT) ,
Disability ,
DSM ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Healthcare ,
Obesity ,
Supervisors
A recent settlement agreement between the United States Department of Justice ("DOJ") and Lesley University in Cambridge, Massachusetts explicitly extends the protections of the Americans with Disabilities Act ("ADA") to...more