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|OCR Issues New Bulletin on Ensuring Privacy in Public Health Emergencies|
Stephanie Willis; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
February 18, 2015, previously published on November 13, 2014This week, the HHS Office of Civil Rights (OCR) issued a bulletin (Bulletin) to remind covered entities and business associates that “the protections of the Privacy Rule are not set aside during an emergency.”
|ADEA Claim Failed for Employee's Failure to Refute Employer's Legitimate and Non-Discriminatory Reasons for Termination|
Catherine A. Stevens; Baker Sterchi Cowden & Rice, L.L.C.;
February 18, 2015, previously published on January 13, 2015 76-year old Carlyn Johnson sued under the Age Discrimination in Employment Act after he was fired from his position with Securitas Security Services USA, Inc. The district court granted Securitas summary judgment, finding that Johnson failed to submit sufficient evidence to show that a genuine...
|Maine Human Rights Commission Amends Complaint Procedures|
February 18, 2015, previously published on February 9, 2015Any employer that has ever been part of a Maine Human Rights Commission investigation has learned firsthand that the process can be long, frustrating and often-times unfair. Due to chronic understaffing at the Commission, the investigation process can be agonizingly slow and drag on for up to two...
Christina Morton; Withers Bergman LLP;
February 17, 2015, previously published on November 28, 2014Last week was Anti-Bullying Week. I confess that this annual event, coordinated by the Anti-Bullying Alliance, passed me by this year, despite the fact that earlier in the month I had been discussing the problem of bullying with a group of managers involved in arts organizations.
|An ICE Detainer is Merely a Request - Not a Requirement|
Jim Cornwell, Michelle L. Warden; Sands Anderson PC;
February 17, 2015, previously published on January 21, 2015Law enforcement officers and agencies are often faced with deciding whether they are required to detain an otherwise releasable prisoner when there is a detainer on the prisoner from the federal Department of Immigration and Customs Enforcement (“ICE”) on file. The Commonwealth of...
|Update on Transgender Rights in the Workplace|
Rachael M. Coe, Rachael Jeanfreau, Eve B. Masinter; Breazeale, Sachse & Wilson, L.L.P.;
February 17, 2015, previously published on January 20, 2015Transgender rights in the workplace continue to materialize and develop in the wake of the EEOC’s 2012 landmark Macy v. Holder decision, which provided a Title VII employment discrimination cause of action for transgender plaintiffs in the federal employment context.
|OHRC Issues Statement on Sexual Harassment|
Maria Kotsopoulos; Blaney McMurtry LLP;
February 12, 2015, previously published on December 18, 2014Perhaps not surprisingly given all the media attention on the issue of sexual harassment in recent months, the Ontario Human Rights Commission recently issued a statement regarding sexual harassment and Ontario┐s Human Rights Code.
|NWT Human Rights Commission's Early Resolution Processá- Beware!|
Glenn D. Tait; McLennan Ross LLP;
February 3, 2015, previously published on July 23, 2014The NWT Human Rights Commission has recently established an Early Resolution policy and procedure. This policy represents an effort to resolve complaints within 60 days of their being filed.
|OCR Issues Ebola Guidance on HIPAA Privacy|
Joseph J. Lazzarotti; Jackson Lewis P.C.;
February 2, 2015, previously published on November 11 2014According to the New York Times, Bellevue Hospital Center patient Craig Spencer, the first New Yorker to be infected with Ebola, is scheduled to be released today. And while the intense reporting about Ebola has subsided, perhaps indicating a lowering of the perceived threat of Ebola spreading...
|Pregnancy Accommodation Now an Obligation Under the Illinois Human Rights Act|
Norma Manjarrez, Tracey L. Truesdale; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
February 2, 2015, previously published on December 15, 2014The new pregnancy discrimination and accommodation amendments to the Illinois Human Rights Act (IHRA) provide expectant mothers specific workplace protections during their pregnancy and childbirth. Most notably, the amendments provide expectant mothers with the right to request reasonable...