A post on the Health Law Advisor blog will be of interest to many of our readers: “HHS Office for Civil Rights Bulletin on Civil Rights Issues During the COVID-19 Crisis,” by attorneys of Epstein
Federal Court Rules Gender Dysphoria May Be Disability Under ADA
In a departure from the recently developing law, a federal court judge from the Eastern District of Pennsylvania ruled that the Americans with Disabilities Act (“ADA”) may cover gender dysphoria, and other conditions related to gender identity disorder – opening the door to expanding employment protections to some transgender individuals under the ADA.
In Blatt
EEOC Issues Final Retaliation Guidance
On August 29, 2016, the EEOC issued its final Enforcement Guidance on Retaliation and Related Issues (Guidance) to replace its 1998 Compliance Manual section on retaliation, including tips on ADA interference. The Guidance reflects the Commission’s consideration of feedback received on the proposal from about 60 organizations and individuals following a 30-day public input period
New Online Resource Can Help Employers Make Their eRecruiting Technologies Accessible to All Job Seekers
Our colleague Frank C. Morris, Jr., attorney at Epstein Becker Green, has a post on the Financial Services Employment Law blog that will be of interest to many of our readers in the health care industry: “New Online Recruiting Accessibility Tool Could Help Forestall ADA Claims by Applicants With Disabilities.”
Following is
Primary Jurisdiction Doctrine May Not Defend Against Website Accessibility Claims
Our colleague Joshua A. Stein has a Retail Labor and Employment Law Blog post that will be of interest to many of our health industry readers: “Defending Against Website Accessibility Claims: Recent Decisions Suggest the Primary Jurisdiction Doctrine Is Unlikely to Serve As Businesses’ Silver Bullet.”
Following is an excerpt:
For businesses hoping to identify
EEOC Wellness Regulations – What Do They Mean for Employer-Sponsored Programs?
The U.S. Equal Employment Opportunity Commission issued proposed regulations addressing how the Americans with Disabilities Act (“ADA”) applies to corporate wellness programs. Namely, the proposed rule amends the ADA regulations to provide guidance on the extent to which employers may use incentives to encourage employees to participate in wellness programs that include disability-related inquiries and/or
Poorly Crafted Wellness Programs Could Make Employers Sick
Kara Maciel, Member of the Epstein Becker Green Labor and Employment, Litigation, and Health Care and Life Sciences Practices, was recently interviewed by Employment Law360 concerning employer wellness programs.
According to the article, businesses are turning to wellness programs to curb health care expenses, but programs that aren’t carefully crafted can open employers up
Accessibility Obligations of Medical Providers to Provide Care to Individuals with Disabilities
Under Title III of the Americans with Disabilities Act (“ADA”), private health care providers, including clinics, hospitals and doctor’s offices, as places of public accommodation, are required to provide their services to individuals with disabilities in an accessible manner. Specifically, the ADA requires that providers provide individuals with disabilities full and equal access to their