EEOC Aims to Ban Pre-Hire Criminal Background Checks

The Equal Employment Opportunity Commission (EEOC) held a wide-ranging meeting on July 26 to discuss a ban on pre-employment criminal background checks. A proposed regulation is expected to be released the week beginning Aug. 1, 2011, or shortly thereafter. In reaching this decision, the EEO commissioners indicated their main concern was the high rate of […]

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Wal-Mart Plaintiffs in Court to Revive Their Case on a Narrower Basis

Lawyers for the Wal-Mart plaintiffs, whose massive class-action lawsuit was shot down by the U.S. Supreme Court as being too big and unfocused, are back in court today (July 29, 2011) to argue for a revival of the sex-bias complaint but on a narrower basis and with multiple lawsuits. The attorneys hope to file one […]

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New Haven Firefighters Win $2 Million from City in Settlement

In 2009 the Supreme Court ruled that the city of New Haven, Conn., had discriminated against a group of white firefighters who, though they had earned the top scores on an advancement test, were passed over for promotion in favor of minority firefighters because the latter were deemed to have been disadvantaged by the test. […]

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Supreme Court Petitioned to Review Constitutionality of PPACA

Following a Circuit Court ruling that the individual mandate to purchase health insurance contained in Obamacare is constitutional, the Thomas More Law Center has petitioned the Supreme Court to review the lower court's decision on the Patient Protection and Affordable Care Act (PPACA) and its mandate. Usually, the Supreme Court agrees to such reviews only […]

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EEOC Advises Employers to Separate PHI from Occupational Health Information

In a recent informal discussion letter, the Equal Employment Opportunity Commission (EEOC) suggested that employers who maintain both personal health information (PHI) and occupational health information in a single employee file are probably violating the privacy provisions of both the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). Both acts severely […]

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ADA Celebrates 21st Anniversary of Helping the Disabled

On Tuesday, July 26, 2011, the Americans with Disabilities Act (ADA) celebrates its 21st anniversary, having been signed into law on this same day in 1990 by President George H.W. Bush. Ironically, after erosion of some categories of protection in the landmark legislation, President George W. Bush, the former president's son, signed into law the […]

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HHS Proposes Expansion of Individuals’ Right to ‘Access Reports’ on Their Medical Data

The Department of Health and Human Services (HHS) is currently receiving public commentary on a proposed rule to expand the right of individuals to demand and receive "access reports" identifying who accessed their protected health information and why. Under the Health Insurance Accountability and Portability Act (HIPAA) of 1996, individuals currently have a right to […]

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EBSA Extends Compliance Dates for Retirement Plan Fee Disclosure Rules

The Employee Benefits Security Administration (EBSA) has extended compliance dates for two rules relating to retirement plan fee disclosures. First, the EBSA final rule extends the applicability date of the fiduciary-level fee disclosure rule of July 16, 2010, to April 1, 2012. This rule enhances the information that service providers must provide plan fiduciaries. Second, […]

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DOL Reports Busy Agenda for the Remainder of 2011

In its semi-annual report to Congress on its upcoming agenda, the Department of Labor (DOL) revealed that the Occupational Safety (OSHA) and Health Administration and the Employee Benefits Security Administration (EBSA) will be finishing up some far-reaching rule-making decisions. OSHA is busy revising its Injury and Illness Prevention Program (I2P2), a program that will affect […]

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HHS to Audit 150 Firms for HIPAA Privacy and Security Standards Under ARRA

The Department of Health and Human Services (HHS), through its Office of Civil Rights (OCR), has awarded a $9-million contract to KPMG to help audit 150 covered entities and business associates for adherence to HIPAA security and privacy standards. According to language in the contract, "Site visits conducted as part of every audit would include […]

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