Archives of Newsletter Articles

GENDER DYSPHORIA NOW PROTECTED UNDER ADA

While the issue of accommodating transgender people is not a new topic – think Orange is the New Black – on August 16, 2022, the Fourth Circuit became the first federal appellate court to consider whether gender dysphoria constitutes a disability under the ADA, and therefore requires reasonable accommodation. In Williams v. Kincaid, the Court […]
6 months ago

KEEPING UP WITH OCR’S RIGHT OF ACCESS INITIATIVE

The U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) is cracking down on HIPAA Right of Access violations. After OCR announced the completion of three investigations in its HIPAA Right of Access Initiative, the total number of enforcement actions have risen to 20 this year alone, and 41 since the […]
6 months ago

HUMAN RESOURCE CONSULTING FROM GARDNER SKELTON

Speaking of our employment team, Gardner Skelton is excited to announce a new service that we believe will be extraordinarily helpful to our employer clients, while also much more moderately priced than attorney advice. Please meet our new team member, Alissa Graney. Alissa has joined our team as an HR Consultant focused on helping our […]
7 months ago

THE PITFALLS OF IGNORING A SEXUAL HARASSMENT COMPLAINT

Step lively when an employee complains of sexual harassment, especially when your own policies require it. Less than urgent action could strip an employer of the very important “Faragher-Ellerth” defense, an essential component of which is that the employer exercised reasonable care to prevent and promptly correct harassing behavior. In a case out of a […]
7 months ago

EMPLOYING THE CLASS OF 2022: TIPS FOR HIRING “ZOOMERS”

Known as the “Zoomers,” “Gen Z,” and the “Class of COVID-19,” the members of the Class of 2022 have turned their tassels and are finally entering the workforce. According to the National Association of Colleges and Employers (NACE), employers plan to hire nearly 32% more college graduates in 2022 than in 2021. Additionally, the Bureau […]
7 months ago

HIPAA IN THE POST-DOBBS ERA: OCR GUIDANCE FOR HEALTHCARE PROVIDERS

On June 24, 2022, the United States Supreme Court issued a decision in Dobbs v. Jackson Women’s Health Organization, overturning Roe v. Wade, essentially ceding to individual states wholesale authority to regulate abortion. As a response, the Department of Health and Human Services (HHS), Office of Human Rights (OCR) issued new guidance regarding the application […]
8 months ago

ARTIFICIAL INTELLIGENCE AND THE ADA: WHAT EMPLOYERS NEED TO KNOW

On May 12, 2022, the Equal Opportunity Employment Commission (“EEOC”) published guidance for employers using computer-based tools for employment decisions in compliance with the Americans with Disabilities Act (“ADA”). These tools may be used to screen applicant resumés, assess worker productivity, or determine pay and promotions, among other uses. Without certain safeguards, however, these tools […]
8 months ago

HHS ANNOUNCES AUDIO-ONLY TELEHEALTH IS ALLOWED UNDER HIPAA

In response to the pandemic, the U.S. Department of Health and Human Services (“HHS”) announced that its Office of Civil Rights (“OCR”) would use discretion in enforcing certain provisions of the HIPAA Privacy and Security Rules for providers using audio–visual methods and platforms to provide healthcare services via telehealth. As the pandemic shifts, the future […]
9 months ago

PREGNANCY DISCRIMINATION LAWSUIT

When the U.S. Equal Employment Opportunity Commission (“EEOC”) employs its scarce and precious resources to sue you, you might be in trouble. DLS Engineering Associates (“DLS”), a federal contractor, recently found itself in that predicament in the U.S. District Court for the Middle District of Florida. DLS offered a woman an engineering logistics analyst position, […]
9 months ago

WORKPLACE BIRTHDAY PARTY LEADS TO ADA VIOLATION

What could go wrong with throwing a surprise birthday party at the workplace? Apparently, a lot. In this case, it cost one Kentucky employer $450,000. Mr. Kevin Berling suffers from anxiety and panic attacks. Birthday parties were customary in the office, but Mr. Berling asked the office manager to forego throwing him a party because […]
10 months ago