The United States Department of Health and Human Services, Office for Civil Rights (OCR), has announced a settlement agreement. This agreement, which was publicized on June 15, 2023, involves Yakima Valley Memorial Hospital (Yakima), a not-for-profit community hospital. This settlement comes as a consequence of a breach of protected health information (PHI) at Yakima, which…
In a landmark decision, the U.S. Supreme Court has declared the use of race in university and college admissions to be unconstitutional. Announced on June 29, 2023, in the Students for Fair Admissions, Inc. cases, the judgment applies solely to the admissions decisions of educational establishments that receive “federal financial assistance”. The Court evaluated these…
The federal judiciary, including law clerks and federal public defenders, are not covered by Title VII of the Civil Rights Act of 1964. This means that these judiciary employees cannot sue or seek damages for harm to their careers, reputations or earning potential, even in cases of severe mistreatment by judges exercising their positions of…
On August 11, 2023, the Equal Employment Opportunity Commission (EEOC) issued a Notice of Proposed Rulemaking (NPRM) for enabling rules to the Pregnant Workers Fairness Act (PWFA). Congress passed the PWFA to address gaps left in case law under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and…
In a recent decision, the Ninth Circuit Federal Appeals Court has ruled that a lawyer representing himself in a dispute should not be granted the same degree of liberal pleading standards that non-attorney pro se litigants receive. Read more in the detail account covered by Bloomberg Law. James Huffman, the attorney in question, found himself…
A congressional committee led by Chuck Schumer is set to conduct a series of “A.I. Insight Forums” that will feature dialogue with tech industry leaders such as Elon Musk of Tesla, Sundar Pichai of Google, Sam Altman of OpenAI, and Satya Nadella of Microsoft. The forums aim to inform the committee’s efforts in constructing a…
The Justice Department has reached an agreement with the administrative staff of the Oklahoma Supreme Court to enhance resources for individuals with limited English proficiency. This marks the resolution to a complaint lodged in 2021, alleging the state’s courts were failing to provide necessary language interpretation, thereby violating the Civil Rights Act of 1964. Through…
A complaint was recently filed in the Carroll County, Arkansas, Circuit Court, alleging that the City of Holiday Island’s monopoly on solid waste removal and temporary waste projects violates the Arkansas Constitution. Steven Hedrick and X-Dumpsters, the plaintiffs of the case, argue that a particular ordinance adopted by the Holiday Island City Council is not…
The requirement for companies to disclose their recruitment and hiring technology tools, including those using artificial intelligence, is the latest change from a government contractor watchdog. However, this new requirement is causing concern amongst employer-side lawyers over the extent of the request. The Office of Federal Contract Compliance Programs’ updated supply and service scheduling setter…
Recent data reveals an ongoing decline in the filing of lawsuits under Title III of the Americans with Disabilities Act (ADA). This trend, which began in 2022, appears to continue throughout 2023. Despite the downturn, New York consistently stands out as the most frequent locus for such filings, according to a mid-year review by global…
On August 24, 2023, the U.S. Department of Justice (DOJ) launched a significant legal action against Space Exploration Technologies Corporation (often known as SpaceX) over accusations of employment discrimination. The DOJ presented a complaint claiming that the company violated principles of the Immigration and Nationality Act (INA) regarding citizenship-based discrimination in employment. According to the…
A recent amendment to the National Defense Authorization Act (NDAA) introduces new regulatory standards for U.S. documented commercial vessels. Effective from 2023, owners, masters, and managing operators are now obligated to report incidents of harassment, sexual harassment, and sexual assault immediately. The amendments were published by McGlinchey Stafford and hint towards a substantial shift in…
Opponents of diversity programs are employing an unexpected tool in their litigation: a law dating back to the American Civil War era. A spate of suits filed on behalf of white workers in the wake of the US Supreme Court decision that made affirmative action in higher education unlawful, are leaning on a statute originating…
California is renowned for its progressive stance concerning employee rights, with the state’s Fair Employment and Housing Act (FEHA) traditionally considered one of the most employee-friendly civil rights laws in the country. The law’s latest amendment signifies further progression, promising to reshape the professional landscape, as it extends FEHA liability to involve “institutional agents” of…
The game of constant watch-and-wait continues as updated Title IX regulations seem unlikely to be finalized by October 2023. Those in the Title IX field, already well attuned to the technicalities of federal regulation, might find this delay vexing. While the intricacies of these laws can often induce boredom, their implications hold significant weight for…
Legal professionals across the golden state and beyond need to pay careful attention to recent amendments by the California Civil Rights Council. This relates to regulations interpreting California’s 2018 Fair Chance Act, which will fully come into effect on October 1, 2023. A detailed examination can be found at JD Supra. The amendments to the…
New guidelines developed through a collaborative effort by the Division on Civil Rights (DCR) and the Department of Education (DOE) have been issued by the New Jersey Attorney General Matthew J. Platkin and acting Department of Education Commissioner Dr. Angelica Allen-McMillan. The guidelines, available in a recently released document, are a response to a 2020…
The past two years have marked a notable increase in both federal and state efforts to address historical environmental injustices in the United States. This surge is not an overnight phenomenon; rather, it’s the fruition of long-standing advocacy work tracing back to the civil rights movement of the 1960s. The growing awareness and prioritization of…
In July 2023, the Federal Trade Commission (FTC) and the U.S. Department of Health and Human Services Office of Civil Rights (OCR) raised concerns regarding privacy and security risks that are associated with certain online tracking technologies. These agencies issued a joint letter addressed to around 130 hospital systems and telehealth providers, thus potentially attracting…
Virginia, in a move that reflects on a contentious point of its labyrinthine legal history, filed for a dismissal of a lawsuit that alleges it denies voting rights to certain categories of felons, thereby contradicting an 1870 statute. The plaintiffs comprise four individual complainants and an advocacy group dedicated to serving previously detained individuals. The…
Healthcare insurance provider Blue Cross Blue Shield of Arizona (AZ Blue) has recently disclosed that a security breach occurred at TMG Health, one of its vendors. This breach has affected the personal data of over 47,000 AZ Blue customers. The incident was discovered and first reported to the U.S. Department of Health and Human Services…
Following significant investigation, VNS Health has clarified the circumstances surrounding a recent data breach at third-party vendor, TMG Health. The breach, which occurred on August 14, 2023, resulted in the exposure of sensitive information pertaining to 103,775 consumers. VNS Health has already filed notice of this breach to the U.S. Department of Health and Human…
Elon Musk is known for his controversial statements, and his recent argument with Latham & Watkins, a global law firm providing legal aid to a San Francisco based non-profit ‘Coalition on Homelessness’, is no exception. Reportedly via a San Francisco Standard article, Musk called for a boycott of the firm, as the non-profit is accusing…
The U.S. Department of Education Office for Civil Rights (OCR) and the U.S. Department of Justice Civil Rights Division have issued a joint Dear Colleague Letter (Joint OCR and DOJ DCL). Accompanying this letter, a question and answer resource is provided, aimed at offering clarity and guidance for colleges and universities dealing with the implications…
In a significant turn of events, the U.S. Court of Appeals for the Fifth Circuit has revised its long-standing test to define what adverse actions can substantiate an employee’s Title VII claim. The court arrived at this decision on August 18, 2023. As per Title VII, an employee alleging a discrimination claim is required to…