A recent development in the healthcare sector is worth attention, as it involves a substantial settlement for alleged violations of the Health Insurance Portability and Accountability Act (HIPAA). The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced on September 11, 2023, that a settlement was reached with LA Care….
The latest decisive move by the Fifth Circuit in the Federal Court of Appeals has spurred significant discussion among employers across Louisiana, Texas, and Mississippi. This regarded court, known for its conservative stance and employer-friendly positions, swerved from tradition in a recent Title VII claims case – Hamilton v. Dallas County. In an unexpected ruling,…
Recent legal developments in the United States are transforming retail employees’ accommodations in unprecedented ways. The strategies deployed by establishments to schedule workers have to be revaluated due to an evolving landscape shaped by fresh interpretations of existing laws and new legislations like the Pregnant Workers Fairness Act (PWFA). Understanding these dynamics requires a close…
SouthCoast Medical Group, LLC, also known as SouthCoast Health or simply SouthCoast, recently filed a notice of data breach with the U.S. Department of Health and Human Services Office for Civil Rights. The filing took place on August 17, 2023, after SouthCoast discovered that an unauthorized party had downloaded certain files from the company’s computer…
The McAlester Regional Health Center (“McAlester Regional”) has recently filed a notice of data breach with the U.S. Department of Health and Human Services Office for Civil Rights (“HHS-OCR”). The notice, filed on August 21, 2023, came as a result of an apparent cyberattack, where an unauthorized party managed to gain access to the company’s…
In a significant development, the Fifth Circuit has recently broadened the scope of Title VII of the Civil Rights Act of 1964, enhancing protections against workplace discrimination. The court’s decision in the case of Hamilton v. Dallas County, 2023 WL 5316716 (5th Cir. Aug. 18, 2023) marked a pivotal shift in its perspective on such…
In a significant development of legal interest to corporations in the healthcare industry, the U.S. Department of Health and Human Services (DHHS) has reached a settlement with MedEvolve, Inc. regarding alleged violations of the Health Insurance Portability and Accountability Act (HIPAA) Rules. The settlement pertinent to a data breach incident was announced on May 16,…
The California Legislature has made real strides in terms of progressing equality policy with Senate Bill (SB) No. 403. This bill aims to outlaw caste-based discrimination in the state. Now, it has been sent to the governor’s desk for official approval. It’s a significant move, given that California could well stand as the first US…
In August of the previous year, Starbucks found itself in the defendant position in a lawsuit filed by the National Center for Public Policy Research. The complaint revolved around the allegation that Starbucks’ officers and directors initiated a set of policies contravening various state and federal civil rights laws, purportedly demonstrating racial discrimination. Starbucks, however,…
The U.S. Equal Employment Opportunity Commission (EEOC) has alleged that Verizon Maryland violated federal law. The telecom giant purportedly refused to allow a disabled employee the opportunity to apply for the company’s vacant positions; a conciliatory move to find work that would be compatible with his disability. This claim is made apparent in a filing…
The United Health Care (UHC) recently admitted to Office for Civil Rights (OCR) that an oversight by one of its employees resulted in an unattended records request that lingered unprocessed in the mail for prolonged periods. The unfortunate incident led to UHC agreeing to pay a settlement of $80,000 to resolve the issue. This report…
Alabama is once again under the spotlight of the Supreme Court. The state is contesting that it does not need to create two majority-Black congressional districts to comply with the Voting Rights Act. This issue arose after the rejection of the state’s second map and subsequent instruction by the lower court for experts to redraft…
Former Covington & Burling legal heavyweight, Mitchell Kamin, has transitioned to a role bound to pique the interest of sci-fi enthusiasts across the globe. Kamin served as a key player in Covington & Burling’s commercial litigation practice before taking up his new, intriguing, post as the first general counsel of the Lucas Museum of Narrative…
Mondaire Jones, previously a member of the U.S. Congress and current member of the U.S. Commission on Civil Rights, announced Monday the commencement of his partnership with the established boutique firm Emery Celli Brinckerhoff Abady Ward & Maazel LLP. Respected for his political and legal career, Jones now assumes his position as an of counsel…
The U.S. Equal Employment Opportunity Commission (EEOC) has lodged a lawsuit against Prestigious Placement and Spinnaker Management Group, alleging that these entities, both operating as joint employers, breached federal civil rights law. According to the charges, the companies subjected female employees to a sexually hostile work environment. The EEOC, as the federal agency tasked with…
On August 7, 2023, the U.S. Court of Appeals for the Second Circuit made an important review and clarification of the appropriate legal standard for analyzing claims of retaliation under Title VII of the Civil Rights Act of 1964. The case at hand was Carr v. New York City Transit Authority (No. 22-792-cv, 2023 WL…
In a decisive move, the U.S. Department of Justice, Civil Rights Division (DOJ) and the U.S. Department of Education, Office of Civil Rights (OCR) have issued a joint letter to institutions of higher education, signaling increased scrutiny in the realm of online accessibility. Notably, the collective action occurs in tandem with recent enforcement endeavors against…
In a significant and unprecedented move, the state of California sits on the cusp of becoming the first in the United States to enact a state-wide ban on caste discrimination. This comes as Senate Bill 403 works to concretize, “caste”, into the definition of “ancestry” in legislation, thereby protecting it from violation under California’s Unruh…
In 2021, an increasing number of states have enacted legislation to examine the implications of artificial intelligence (AI). This is an anticipatory move to potentially regulate this emerging technology and address its expected impact on employment, civil liberties, and property rights. As the implementation and influence of AI continue to expand, attorneys, corporate entities, and…
The judiciary, once believed to be a neutral branch of government, now finds itself swinging more frequently, ostensibly due to recent behaviour demonstrated by the YOLO Court, which now seems to disregard stare decisis and respect for Congressional intentions. As a result, key issues such as healthcare access, gun ownership, and civil rights are becoming…
In the latest developments of a civil rights class action in North Carolina, a second sheriff has requested an early dismissal from the case. The lawsuit, brought against a number of officials, alleges negligence resulting from defects in the statewide implementation of a digital court system. The sheriff in question has dismissed these allegations as…
United Healthcare Insurance Company (“United”), one of the premier national payors, agreed to an $80,000 settlement in late August with the Health and Human Services (HHS) Office for Civil Rights (“OCR”). This resolution relates to OCR’s Right of Access initiative, the agenda pushing for patients to have timely access to their health information. As part…
In a significant development for law firms and corporations alike, a recent change in legal precedent may reshape the understanding of Title VII claims under the Civil Rights Act. The Fifth Circuit, in its ruling on the case of Hamilton v. Dallas County, has overturned the decades-old “ultimate employment decision” standard that has until now…
The impact of artificial intelligence (AI) in the workplace is a growing issue, taking center stage as more corporations increasingly adopt AI technologies for their operations. Central to this dynamic are legal and ethical concerns, particularly in relation to Title VII of the Civil Rights Act. Respected law firm,Ward and Smith, P.A., proposes an intriguing…
U.S. restaurant group, Hooters of Louisiana, LLC, along with its associated entities, has agreed to pay a settlement sum of $650,000 as a resolution to the race and retaliation lawsuit instituted by the U.S. Equal Employment Opportunity Commission (EEOC). This settlement follows accusations that the company had subjected its African American employees to racially hostile…