News & Analysis as of

Americans with Disabilities Act (ADA) Medical Records

U.S. Equal Employment Opportunity Commission...

EEOC Sues Library Hotel for Disability Discrimination

Hotel Refused to Accommodate Disabled Employee and Constructively Terminated their Employment, Federal Agency Charges - NEW YORK – 299 Madison Ave., LLC, doing business as Library Hotel, violated federal law when it...more

Poyner Spruill LLP

How Much Is Too Much When Asking An Employee for Medical Records Under the ADA?

Poyner Spruill LLP on

A common question among employers faced with determining whether an employee can safely perform the essential functions of their job is how much and what type of medical information and records can be requested from the...more

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

Sherman & Howard L.L.C.

OSHA Issues Long-Awaited Vaccine Mandate

On November 4, the Occupational Safety and Health Administration issued an Emergency Temporary Standard (ETS) requiring most employers in the country to implement COVID-19 vaccine requirements or require employees to present...more

Jackson Lewis P.C.

OCR Speaks To HIPAA, COVID-19 Vaccinations, Privacy, And The Workplace

Jackson Lewis P.C. on

When use or disclosure of an individual’s health information or medical records is at issue, the assumption seems to be, much more often than not, that the HIPAA privacy and security rules apply. This has certainly been the...more

Constangy, Brooks, Smith & Prophete, LLP

Vaccine Guidance For Federal Contractors: The Details

As we reported on Friday, the Safer Federal Workforce Task Force complied with Executive Order 14042 (“Ensuring Adequate COVID Safety Protocols for Federal Contractors”) by issuing guidance for federal contractors on...more

Schwabe, Williamson & Wyatt PC

Healthcare Employee Data Privacy during the COVID-19 Pandemic

The COVID-19 pandemic has presented many novel challenges and questions for employers, from administration of Families First Coronavirus Response Act (“FFCRA”) leave to managing performance of remote workers. For healthcare...more

Vinson & Elkins LLP

When Privacy And Labor Law Collide

Vinson & Elkins LLP on

Suppose a union asks their bargaining unit’s employer for a list of names of all employees who have been exposed to or tested positive for COVID-19: Must the employer provide the requested medical information? Employee...more

McAfee & Taft

EEOC updates guidance on workplace safety, confidentiality and accommodations

McAfee & Taft on

The Equal Employment Opportunity Commission continues to update its guidance on what employers should know about COVID-19 and the Americans with Disabilities Act, the Rehabilitation Act, and other Equal Employment Opportunity...more

MoFo Employment Law Commentary (ELC)

EEOC Issues Updated Guidance For Employers On COVID-19

In a welcome development for U.S. employers, the U.S. Equal Employment Opportunity Commission (EEOC) has issued an updated announcement and updated guidance for employers about what they can and cannot ask their employees as...more

Constangy, Brooks, Smith & Prophete, LLP

Medical Inquiries And The ADA

Here are seven things that every employer should know. The Americans with Disabilities Act has been law since 1992, and the rules regarding medical inquiries for applicants and employees have not changed much since that...more

U.S. Equal Employment Opportunity Commission...

Kaiser Aluminum Settles EEOC Disability Discrimination Lawsuit

Agreement Provides $175,000 and Job Offer for Construction Worker - SPOKANE, Wash. - Kaiser Aluminum Corporation, the leading producer of fabricated aluminum products in the United States, will pay $175,000 and reinstate...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

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

Franczek P.C.

Disclosing an Employee's Medical Condition May Result in an Automatic FMLA Violation

Franczek P.C. on

This is a story about Scott. He has a medical condition affecting his genito-urinary system. In the words of my two-year old, Maggie, this condition sounds yucky. Like other employees with a genito-urinary disorder,...more

U.S. Equal Employment Opportunity Commission...

Diallo’s Of Houston to Pay $139,366 to Resolve EEOC Disability Discrimination Lawsuit

Nightclub Made Unlawful HIV Medical Inquiry, Then Fired Employee, Federal Agency Charged - HOUSTON - The U.S. Equal Employment Opportunity Commission (EEOC) announced today that Diallo's of Houston, a Houston-area...more

U.S. Equal Employment Opportunity Commission...

Cummins Power Generation to Pay Over $87,000 to Resolve EEOC Disability Lawsuit

Company Fired Employee for Objecting to Overbroad Medical Releases for Fitness-for-Duty Examination, Federal Agency Charged - MINNEAPOLIS - A Minneapolis-based power company will pay $87,500 and furnish other relief to...more

Foley & Lardner LLP

Health Conscious? The EEOC Is Expanding Incentives for Employees’ Spouses

Foley & Lardner LLP on

Employee wellness programs are frequently a source of ulcer-causing angst for employers, but the Equal Employment Opportunity Commission (EEOC) is making moves to treat some of the underlying issues. Late last week, the EEOC...more

Proskauer - Employee Benefits & Executive...

EEOC Grapples with Proposed Rule Comments on Wellness Program; Additional Guidance Expected Soon

As we previously reported, the Equal Employment Opportunity Commission (EEOC) released Proposed Rules on April 16, 2015 to provide guidance under the Americans with Disabilities Act (ADA) on permissible employer incentives...more

Zelle  LLP

Employee Health Information: Separate and Secure

Zelle LLP on

There are several reasons an employer might have employee health information, ranging from the results of a pre-employment physical to the contents of a request for FMLA leave to what’s written in a health provider’s note...more

Franczek P.C.

U.S Equal Employment Opportunity Commission: Recent Complaint Filings and Trends

Franczek P.C. on

The end of the federal government fiscal year (September 30) always produces a flurry of activity from the EEOC, and this year was no different. Of the 157 lawsuits filed by the EEOC in fiscal year 2015, approximately 62 of...more

BakerHostetler

EEOC Issues Proposed Regulations on Wellness Programs and the ADA

BakerHostetler on

On April 20, 2015, the Equal Employment Opportunity Commission (EEOC) issued highly anticipated proposed regulations addressing the application of the Americans With Disabilities Act (ADA) to workplace wellness programs. In...more

Mintz - Employment, Labor & Benefits...

Employers Using Medical History in Hiring Decisions Take Notice: The EEOC is Watching

Two recent victories for the EEOC should remind employers that rejecting a job applicant over a medical condition, even when the condition appears directly related to job performance, can expose the employer to serious legal...more

Sherman & Howard L.L.C.

EEOC Attacks Post-Offer Medical Exams in GINA Lawsuits

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

Bracewell LLP

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

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

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