GINA

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Since March of this year, the Equal Employment Opportunity Commission (EEOC) has released guidance on a near-monthly basis addressing various FAQs concerning COVID-19 issues. The guidance has focused on disability-related inquiries, confidentiality, hiring, and reasonable accommodations under the Americans with Disabilities Act (ADA), as well as issues under Title VII of the Civil Rights Act…

We know that data analytics is being used to influence a wide range of things such as the pair of shoes one might want to buy or what news is “trending” on Facebook. Similar tools are being applied to employer-sponsored group health plans. According to a recent HealthcareITnews article, vendors such as Advanced…

If you are a public sector employer, you may be particularly interested in an article written by my fellow shareholder and practice group member, Marlo Johnson Roebuck. She writes about a recent case, Graziosi v. City of Greenville, involving a police department’s decision to terminate a police officer for statements she made on…

As one nursing facility in New York has learned, asking employees or applicants about their family medical history can violate the Genetic Information Nondiscrimination Act (“GINA”) and draw the ire of the U.S Equal Employment Opportunity Commission (EEOC). Founders Pavilion, Inc., a former Corning, N.Y. nursing and rehabilitation center, will pay $370,000 to settle discrimination…

Since it was enacted in 2008, plaintiffs suing under the Genetic Information Nondiscrimination Act ("GINA"), 42 U.S.C. Section 2000ff et seq., have not had much success. Most cases have been dismissed at an early stage.  As reported on our Disability, Leave and Health Management Blog, however, this summer the U.S. Equal Employment Opportunity Commission ("EEOC") burst on the scene…

Click on the link in this post for high-level compliance roadmap concerning the Omnibus Privacy Rule under HIPAA and HITECH for covered plans, providers and business associates.
Continue Reading Check Out Our Webinar Addressing the HIPAA, HITECH Omnibus Regulations

Health care practices and businesses generally need to be more careful when responding to requests for medical and other sensitive personal information.
Continue Reading We have to disclose patient records in response to a subpoena/attorney letter, right?

As we continue to examine the final HIPAA privacy and security regulations, as amended by the HITECH Act and the Genetic Information Nondiscrimination Act, we pulled together a summary of some of the key points. We fully expect additional sub-regulatory guidance to be provided by OCR, such as frequently asked questions and sample business …

Recruiters are increasingly turning to social media to screen and recruit candidates. Jobvite’s 2012 Social Recruiting Survey found that 92% of respondents plan to use social media for recruiting.  Often, recruiters are viewing and considering information that should not be utilized in the hiring process.  LinkedIn is replete with information that should not be considered…