The Health Insurance Portability and Accountability Act (“HIPAA”) is a critical piece of legislation designed to protect the privacy and security of individuals' health information. However, despite its importance, there are several common misconceptions surrounding...
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ADA
How Do the ADA and GINA Affect the Hiring Process?
Can employers lawfully consider an individual’s disability and/or genetic information during the hiring process? The short answer is not if the impairment or condition does not affect one’s ability to perform the essential functions of the job. Dolgencorp, LLC,...
What Does the New PUMP Act Provision Mean For Employers?
Last year, President Biden signed the PUMP for Nursing Mothers Act (“PUMP Act”) into law. The PUMP Act serves to expand existing protections for breastfeeding parents through the federal Fair Labor Standards Act (FLSA). Although some portions of the PUMP Act go into...
Can An Employee Take Medical Leave for A Mental Health Issue?
If you are a private company with 50 or more employees, a public agency, or an elementary/secondary school, your business is covered under the Federal Family and Medical Leave Act (FMLA). This act requires covered employers to provide up to 12 weeks of unpaid,...
Employers: Do Yourself a Favor and Hire a Veteran
Historically, veterans have had difficulties finding employment. However, the unemployment rate for veterans was as low as 2.7% as of September 2022, a full percentage point lower than last year. Despite this welcome news, many employers remain hesitant to hire...
4th Circuit: Gender Dysphoria Is a Disability Covered by the ADA
The federal appeals court that covers Maryland and Virginia recently ruled that people with “gender dysphoria” qualify for protection under the Americans with Disabilities Act (ADA). A majority of the Fourth Circuit Court of Appeals said that gender dysphoria is...
Disability Discrimination Can Include Failure to Accommodate
It seems straightforward, but avoiding discrimination against people with disabilities sometimes requires understanding what activities the disability affects. Under the Americans With Disabilities Act (ADA), employers have a duty to reasonably accommodate the needs...
Federal Court Rules that Consultation with Attorney Before Termination of Employee is not Evidence of Retaliation
When an employer seeks the advice of an attorney before they terminate an employee, is this evidence that the termination was motivated by retaliatory intent? A federal case called O'Rourke v. Tiffany and Company recently addressed this very question. In O’Rourke,...
Fourth Circuit Decision Sheds Light on How Far an Employer Must Go to Accommodate a Disability
Under the Americans with Disabilities Act (ADA), employers are required to consider reassignment to existing vacant positions as a potential accommodation. But what happens when an employee requests that an employer create a new position as an accommodation? This...
Employers Should Make Sure Their Hiring Websites Are Accessible
Recently, a high-profile case came out ruling that a grocery retailer’s website didn’t have to be accessible to people with disabilities. This has led some to believe that there is no law requiring websites to be accessible. In fact, the federal Americans With...