News & Analysis as of

Genetic Information Nondiscrimination Act

Faegre Drinker Biddle & Reath LLP

U.S. Protectionism in Health Data Flows

As privacy laws continue to proliferate in the U.S. and globally, there is one trend that companies, especially those operating in the health and pharmaceutical sectors, can no longer overlook. This is the trend towards data...more

Mitratech Holdings, Inc

Criminal Background Check FAQs Answered

Are you considering hiring a new employee? For workplace safety, having all the necessary information about someone before making important decisions is essential. That’s where criminal background checks come into play. By...more

Parker Poe Adams & Bernstein LLP

Biometric Screening Can Result in ADA, Title VII Claims

An increasing number of employers are expressing interest in using biometric technology in the workplace. For example, a company concerned that employees are clocking one another in and out of work could implement retinal...more

Seyfarth Shaw LLP

GIPA: The Next Big Thing in Privacy Class Actions Against Illinois Employers

Seyfarth Shaw LLP on

Seyfarth Synopsis: While the plaintiffs’ bar has aggressively pursued class actions under the Biometric Information Privacy Act (“BIPA”) in recent years, these cases soon may be rivaled by the influx of class actions brought...more

Foley & Lardner LLP

First Biometrics, Now Genetics: Is GIPA the Next BIPA for Employers to Worry About?

Foley & Lardner LLP on

Most employers operating in Illinois are (or should be) aware of Illinois' stringent Biometric Information Protection Act (BIPA). As we have written about previously, BIPA’s requirements are exacting, and BIPA plaintiffs do...more

DirectEmployers Association

OFCCP Week In Review: October 2023 #4

Monday, October 16, 2023: New US DOL Administrative Review Board Decision from March Sets Down New Backpay Calculation Runway in Litigated OFCCP Cases - Former Labor Secretary Walsh Reversed Previous ARB/ALJ Rulings Last...more

U.S. Equal Employment Opportunity Commission...

Dollar General to Pay $1 Million to Settle EEOC Disability and Gina Lawsuit

Retail Chain Violated the Americans with Disabilities Act and the Genetic Information Non-Discrimination Act in Hiring Process - BIRMINGHAM, Ala. –Variety store retailer Dolgencorp, LLC, doing business as Dollar General,...more

Bricker Graydon LLP

Proposed Workplace Harassment Guidance from the EEOC

Bricker Graydon LLP on

On Monday, October 2, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) published notice of proposed guidance on its enforcement of various laws prohibiting harassment in the workplace. The notice was published in...more

Jackson Lewis P.C.

Importance of Protecting Employee Information as Privacy and Cybersecurity Laws Proliferate

Jackson Lewis P.C. on

Most human resources professionals are concerned about the privacy and security of the vast amounts of personal information they manage. This article discusses steps to consider taking against the challenges. Deluge of...more

Bass, Berry & Sims PLC

2023 ERISA Welfare Plan Automatic Participant Disclosures Checklist

Bass, Berry & Sims PLC on

ERISA requires plan sponsors to distribute SPDs to inform participants of their benefits, rights, and obligations under the plan and describe how the plan operates. Department of Labor (DOL) regulations (available here)...more

Fox Rothschild LLP

EEOC and DOL/WHD Sign Formal Cooperation Agreement

Fox Rothschild LLP on

The Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor’s Wage and Hour Division (WHD) have signed a Memorandum of Understanding to facilitate cooperation between the two agencies through...more

Jackson Lewis P.C.

Louisiana Legislature Passes Law Requiring Employers to Give Time Off for Genetic Testing and Cancer Screening

Jackson Lewis P.C. on

A new Louisiana law goes into effect on August 1, 2023 requiring employers to provide time off from work for genetic testing and cancer screening. Employer Requirements- The new act requires employers in Louisiana to...more

Bailey & Glasser LLP

Friend or Foe? Legal Risks Arising From ChatGPT and Other Generative AI Software

Bailey & Glasser LLP on

Recent breakthroughs in generative artificial intelligence (AI) have captured significant media attention. Developers argue that the technology, which learns from data to produce new text, visual, or audio content based on a...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #364 – Montana Enacts Genetic Information Privacy Law

Montana Governor Greg Gianforte has signed SB 351, the Genetic Information Privacy Act (GINA), which “requires an entity to provide consumer information regarding the collection, use, and disclosure of genetic data; providing...more

Fenwick & West LLP

Seventh Circuit Says All-Stock Acquisition — Without More — Does Not Trigger Liability Under Illinois’ Genetic Information Privacy...

Fenwick & West LLP on

On May 1, 2023, the U.S. Court of Appeals for the Seventh Circuit affirmed the dismissal of a putative class action alleging violations of the Illinois Genetic Information Privacy Act (GIPA) against the asset management firm...more

Epstein Becker & Green

The End of COVID-19 Guidance? EEOC Publishes Technical Assistance “Capstone”

Epstein Becker & Green on

When the COVID-19 pandemic began in 2020, employers found themselves in uncharted territory – a new virus, public health emergency declarations, and legislation. Against this onslaught of emerging circumstances, the Equal...more

ArentFox Schiff

EEOC Updates COVID-19 Technical Assistance

ArentFox Schiff on

On May 11, the US Department of Health and Human Services ended its COVID-19 federal public health emergency declaration. Days later, the US Equal Employment Opportunity Commission (EEOC) followed up by updating its COVID-19...more

Constangy, Brooks, Smith & Prophete, LLP

EEOC updates COVID-19 guidance

Nothing you wouldn't already have figured out. This is not the most exciting employment law news, but the Equal Employment Opportunity Commission has issued some updates to its technical assistance on COVID-19. According...more

McAfee & Taft

EEOC revises COVID-19 guidance following end of public health emergency

McAfee & Taft on

The Public Health Emergency that was the COVID-19 pandemic came to an end on May 11, 2023.  Four days later, the EEOC updated its COVID-19 Technical Assistance for about the twentieth time....more

Amundsen Davis LLC

Genetic Information Discrimination: FAQs for Employers

Amundsen Davis LLC on

Proactive employers are well-versed in safeguarding against workplace discrimination based on race, gender, religion, age, or disability. But, what about lesser known forms of prohibited workplace discrimination like genetic...more

Bradley Arant Boult Cummings LLP

Smucker’s Out of a Jam: Sixth Circuit Says Being a Federal Contractor Does Not Make You a State Actor

If you take on a federal contract, does that make you a state actor? No, according to a unanimous Sixth Circuit panel in Ciraci v. J.M. Smucker Company. During World War II, the Army included Smucker’s apple butter in its...more

Constangy, Brooks, Smith & Prophete, LLP

Where do the presidents rank on employment law?

In other words, which presidents can we -- ahem -- blame? George and Abe say, "Don't look at us." Just kidding. In honor of President's Day, I thought it might be fun to review which presidents were responsible for the...more

Seyfarth Shaw LLP

Job Applicants Sue Ford Motor Company Under Rarely-Cited Illinois Genetic Information Privacy Act

Seyfarth Shaw LLP on

Seyfarth Synopsis: A group of job applicants recently filed a lawsuit against Ford Motor Company asserting violations of the rarely-cited Illinois Genetic Information Privacy Act (“GIPA”). In the complaint, the plaintiffs...more

Faegre Drinker Biddle & Reath LLP

Employers, There is a New EEOC Workplace Poster and You Should Post it Immediately

On October 20, 2022, the Equal Employment Opportunity Commission (EEOC) released a new “Know Your Rights” poster, which replaces the former “EEOC is the Law” poster. EEOC Chair Charlotte Burrows described the new poster...more

Proskauer - Government Contractor Compliance...

OFCCP Adopts Updated “Know Your Rights” Poster for Contractors

As our colleagues previously reported, on October 19, 2022, the EEOC updated its “Know Your Rights” poster for employers. On October 28, 2022, the Office of Federal Contractor Compliance Programs (“OFCCP”) notified...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

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Collection of Information

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Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

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How is your information shared?

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How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
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There are different types of cookies and other technologies used our Website, notably:

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JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
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Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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