Alaska’s preeminent orthopaedic medical practice, OrthoAlaska, announced a notice of data breach affecting 176,203 patients, as seen in a public report on JDSupra. As stated in the official notification dated September 22, 2023, data entrusted to the company was the subject of unauthorized access, seized by an unnamed third-party. The notice was filed with the…
On October 2, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) unveiled its proposed guidance on workplace harassment claims, aptly titled “Enforcement Guidance on Harassment in the Workplace”. The move underlines the regulatory body’s dedication to shaping a robust framework that thoroughly addresses workplace harassment while providing adequate protection to employees across sectors. Details on…
In a recent development, L.A. Care Health Plan, a HIPAA covered firm with nearly 3 million members, has settled for a payment of $1.3 million along with a three-year corrective action plan (CAP). This agreement follows the allegation of significant failings in the firm’s security risk analysis and corresponding risk management planning. This case traces…
On August 24, 2023, the United States Department of Education’s Office for Civil Rights (“OCR” or the “Department”) paved a new path with its release of a Dear Colleague Letter (the “DCL”) regarding “Race and School Programming.” According to JDSupra, this DCL seems to be a response to the Supreme Court’s ruling in Students for…
The U.S. Equal Employment Opportunity Commission (EEOC) has recently released a proposed Enforcement Guidance on Harassment in the Workplace. This comprehensive guide has notably become a must-read document amongst legal professionals working in corporate and law firms globally. The newly proposed enforcement guidance aims to address the intricacies of mitigating workplace harassment, building on the…
In a matter that could have wide-ranging implications for the business and legal world alike, the U.S. Supreme Court will soon decide whether a lateral job transfer, even without any change in pay or benefits, could constitute a violation of federal civil rights law if carried out for discriminatory purposes. This precedent-setting case could very…
The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) has announced that the Local Initiative Health Authority for Los Angeles County (LA Care) has entered into a $1.3 million settlement agreement. This comes after allegations that LA Care, which is the nation’s largest public health plan, violated the Health Insurance Portability…
On September 29, 2023, the U.S. Equal Employment Opportunity Commission (the EEOC) released its draft guidance concerning harassment in the workplace, reflecting the evolving landscape of employment law. The guidance notably incorporates changes in the law and societal shifts, offering valuable insights for legal professionals navigating these new territories. The updated EEOC draft guidance was…
Last week marked a significant occasion, the 50th anniversary of the Rehabilitation Act. This legislation, a cornerstone of civil rights law, prohibits disability discrimination by federal contractors and other programs that receive federal funding. In recognition of this milestone, the Equal Employment Opportunity Commission (EEOC) and the Department of Labor released a helpful resource guide….
The Supreme Court’s recent examination of the 303 Creative case, which conferred businesses with the right to discriminate against protected groups in the name of the First Amendment, exemplifies the court’s complex relationship with the concept of standing. The case, which revolved around a non-existent homosexual couple trying to purchase a wedding cake, ultimately resulted…
It has been revealed that on Monday, October 2, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) moved forward with plans that could potentially morph the legal landscape of workplace harassment laws. These actions included the publication of a notice of proposed guidance encompassing the enforcement of various laws aimed at curbing harassment in professional…
On September 29, 2023, the Equal Employment Opportunity Commission (EEOC) issued its much-awaited Proposed Enforcement Guidance on Harassment in the Workplace, marking the first time since 1999 that the agency has updated its guidelines on the topic. The recommendations from EEOC, expected to go through the usual rule-making process, will hold a significant influence on…
Las Cruces police officer Brad Lunsford has been charged with voluntary manslaughter over the shooting and killing of a Black nurse, Presley Eze, in an announcement made by New Mexico Attorney General Raúl Torrez on Tuesday. The incident took place outside a gas station back in August 2022. Read More Here. Torrez expressed his condolences…
The U.S. Equal Employment Opportunity Commission (EEOC) has brought charges against The Laurels of Athens, an Ohio-based nursing and rehabilitation facility, for allegations of age and sex discrimination, as well as retaliation against an employee who lodged a complaint about said discrimination. The lawsuit was announced recently. According to the EEOC, a physical therapy assistant…
The legal landscape is ever-evolving with constant news relating to the Supreme Court. SCOTUSblog, a dedicated platform for updates and expert commentary on the United States Supreme Court, regularly curates a shortlist of important articles, commentaries, and news items. Their morning read for Thursday, October 5, provides a snapshot of the recent developments in the…
The Chief Judge of the Fourth Circuit, known for making history as the first Hispanic leader of the bench, is anticipating an influx of legal battles relating to social issues in the nation. Currently, the court is handling a number of cases involving laws that aim at restricting the rights of transgender individuals. In addition…
The joint efforts of The Federal Trade Commission (FTC) and the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) have culminated in a recent warning issued to an estimated 130 hospital systems and telehealth providers. According to an article by JDSupra, these bodies sent the warning letter during the summer of…
An intriguing matter involving the Americans with Disabilities Act (ADA) and the concept of “tester standing” is currently under scrutiny at the US Supreme Court. The case revolves around Deborah Laufer, an individual with multiple sclerosis who identifies as a civil rights tester, focusing on identifying hotels with websites that lack information on accessibility. Laufer…
As legal professionals, we often grapple with the precise interpretations of statutory language. One area of common consternation – the definition of “adverse employment action” and “privileges of employment” under Title VII of the Civil Rights Act. The Fifth Circuit Court of Appeals recently weighed in, shaping the contours of these constitutional debates, and inching…
Legal professionals working within the healthcare sector, including providers, business associates, and other entities accountable to the Health Insurance Portability and Accountability Act (HIPAA), are put on high-alert for a potential enforcement action by the Office for Civil Rights (OCR). The OCR, the body responsible for ensuring HIPAA compliance, is underlining the necessity for close…
US District Court Judge Rosemary Marquez confirmed the final consent decree in the landmark case Toomey v. State of Arizona earlier this week, officially prohibiting the withholding of gender-affirming care within state health insurance plans. The case was undertaken by Russell Toomey, an Associate Professor at the University of Arizona, who claimed that the denial…
California employers should prepare for the amended Ban-the-Box regulations that will take effect on October 1, 2023. These revisions pertain to the state’s Fair Chance Act (FCA) and come after over a year of administrative activity dedicated to fine-tuning the policy. The amendments were finalized by the California Civil Rights Council. Changes to a law…
As Diversity, Equity, and Inclusion (DEI) programs gain traction within big corporations and law firms, legal issues challenging these initiatives also mount. Recently, a critical move has risen in the legal horizon. The American Alliance for Equal Rights (Alliance) has rolled out lawsuits against two of the nation’s largest law firms. These two lawsuits argue…
In a recent case, Mass General Brigham (MGB), a renowned hospital network in Massachusetts, won against six plaintiffs in an Americans with Disabilities Act (ADA) related dispute. The plaintiffs alleged that MGB violated their rights under the ADA and Civil Rights Act Title VII when it denied their requests for medical exemptions from the COVID-19…
The US Court of Appeals for the 11th Circuit has temporarily enjoined a venture capital fund’s contest that awards Black women-run businesses according to an appeal from the US District Court for the Northern District of Georgia Atlanta Division. The plaintiff, American Alliance for Equal Rights (AAER), argued that the Fearless Strivers Grant Contest, facilitated…