News & Analysis as of

Americans with Disabilities Act (ADA) Biometric Information

Parker Poe Adams & Bernstein LLP

Biometric Screening Can Result in ADA, Title VII Claims

An increasing number of employers are expressing interest in using biometric technology in the workplace. For example, a company concerned that employees are clocking one another in and out of work could implement retinal...more

BCLP

Busy Inside the Beltway: Recent Activity by the DOL, EEOC, NLRB and FTC

BCLP on

Federal agencies responsible for employment-related matters have been busy in recent weeks issuing guidance, updated workplace posters, and more. Let’s get caught up...more

Kohrman Jackson & Krantz LLP

Biometrics and AI in the Workplace: Boon or Bane?

Technology has brought efficiency into the workplace, but not without legal risk. Employers are increasingly tasking technology to assist with human resource functions, security, and workplace monitoring, all of which can...more

Dechert LLP

Dechert Cyber Bits - Issue 14

Dechert LLP on

Clearview AI Settles Biometric Data Privacy Suit with ACLU - On May 9, 2022, Clearview AI, Inc. (“Clearview”) and the American Civil Liberties Union (“ACLU”) announced an agreement to settle a lawsuit involving Clearview...more

Jackson Lewis P.C.

Top 10 for 2022 – Happy Data Privacy Day!

Jackson Lewis P.C. on

In honor of Data Privacy Day, we provide the following “Top 10 for 2022.” While the list is by no means exhaustive, it does provide some hot topics for organizations to consider in 2022...more

Jackson Lewis P.C.

2021 New York State, City Legislative and Related Developments; 2022 Outlook

Jackson Lewis P.C. on

While most of our focus over the last year has been on COVID-19-related developments, New York State and New York City employers also must ensure compliance with other recent and upcoming legal changes...more

Jackson Lewis P.C.

Class Action Trends Report, Fall 2021

Jackson Lewis P.C. on

The Fall 2021 edition of the Jackson Lewis Class Action Trends Report looks at the class action risks that arise as employers navigate return-to-work during this precarious stage of the COVID-19 pandemic. Employee symptom...more

Jackson Lewis P.C.

You Have Heard Of The BIPA, But What About The GIPA?

Jackson Lewis P.C. on

Enacted in 2008, the Illinois Biometric Information Privacy Act, 740 ILCS 14 et seq. (the “BIPA”), went largely unnoticed until a few years ago when a handful of cases sparked a flood of class action litigation over the...more

Jackson Lewis P.C.

Top 10 For 2021 – Happy Data Privacy Day!

Jackson Lewis P.C. on

In honor of Data Privacy Day, we provide the following “Top 10 for 2021.” While the list is by no means exhaustive, it does provide some hot topics for organizations to consider in 2021...more

Jackson Lewis P.C.

COVID-19 Screening Program Can Lead To Litigation Concerning Biometric Information, BIPA

Jackson Lewis P.C. on

As organizations aim to return to some type of normalcy, and help ensure a healthy and safe workplace, many have implemented COVID-19 screening programs that check for symptoms, and an employee’s recent travel and potential...more

Cohen & Gresser LLP

Protecting Employees From COVID-19 Without Violating Their Privacy Rights

Cohen & Gresser LLP on

A common response to widespread disease has always been to avoid contact with others until the disease runs its course. Many states adopted that approach to combat the COVID-19 outbreak by implementing stay-at-home orders,...more

Fox Rothschild LLP

Maryland Restricts Use Of Facial Recognition Technology In Hiring

Fox Rothschild LLP on

Entering a relatively new frontier in employment discrimination law, the Maryland legislature has passed legislation restricting employers’ use of facial recognition technology in the hiring process. The bill becomes...more

Dentons

HR Quick Take: Coronavirus Biometrics

Dentons on

Q: The CDC has recommended that we take the temperature of residents and visitors to our long-term care facility. We are fine to do that but what do we do with that information?...more

American Conference Institute (ACI)

[Event] Employment Practices Liability Insurance – Strategic Guidance For The Most Complex Epli Claim Coming Across Your Desk -...

Back by popular demand, ACI’s EPLI conference returns to New York City. Whether you are a claims manager, underwriter, risk manager, in-house or outside counsel, this is your most worthwhile opportunity to network and...more

Jackson Lewis P.C.

Class Action Trends Report Spring 2018

Jackson Lewis P.C. on

Below is the latest issue of the Jackson Lewis Class Action Trends Report. This report is published on a quarterly basis by our firm’s class action practice group in conjunction with Wolters Kluwer. We hope you will find...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Wave of the Future or a Step Too Far? Wisconsin Company Offers Employees Microchip Implants, Employment Issues Abound

While we may now take Tesla’s connected world for granted, one cannot help but wonder what readers thought of his predictions in 1926 when he made the above statements in a magazine interview. It remains to be seen whether a...more

Seyfarth Shaw LLP

The Antichrist at Work: 4th Circuit Affirms Judgment Against Employer for Failing to Accommodate Employee’s Religious Belief...

Seyfarth Shaw LLP on

Seyfarth Synopsis: In EEOC v. Consol Energy, Inc., the Fourth Circuit Court of Appeals upheld a judgment against an employer for failing to accommodate an employee’s religious belief that a biometric hand scanner would tag...more

Seyfarth Shaw LLP

Seventh Circuit Declines To Address The EEOC’s Challenge To The Legality Of Employer’s Wellness Plan

Seyfarth Shaw LLP on

Seyfarth Synopsis: After an employee lost his employer-funded health insurance because he failed to complete a medical examination required by his employer, the EEOC sued the employer under the ADA’s ban on involuntary...more

Dorsey & Whitney LLP

Sample ADA Notice for Wellness Programs

Dorsey & Whitney LLP on

The EEOC has published a sample notice intended to help employers comply with the notice requirement under the new Americans with Disabilities Act (ADA) final rule (published on May 17, 2016). The final rule requires...more

Dorsey & Whitney LLP

Quirky Question #270: A Win for Wellness Plans

Dorsey & Whitney LLP on

Question: Our company offers employees a self-funded and self-insured health plan. We’d now like to implement a wellness program. Can we require employees to complete a health risk assessment which requests personal medical...more

Stinson - Benefits Notes Blog

EEOC Loses Another Wellness Case, Part 1

The EEOC has been bringing lawsuits against employers challenging wellness programs. A recent case involved a company that had previously provided a credit to employees enrolled in the health plan who participated in a health...more

Maynard Nexsen

Another Win for Wellness: The Erosion of Voluntary Participation

Maynard Nexsen on

Consider the following wellness program scenario: A company implements a program that incentivizes employees to take a health risk assessment and undergo biometric screening. The assessment asks questions about the...more

Eversheds Sutherland (US) LLP

District Court to EEOC: Leave Wellness Enough Alone

A Wisconsin federal district court dismissed (with prejudice) a complaint by the Equal Employment Opportunity Commission (EEOC) that a company’s wellness program violated the Americans with Disabilities Act (ADA). The EEOC...more

Baker Donelson

UPDATE – What's On the Horizon for Employer-Sponsored Wellness Programs and the EEOC in 2016?

Baker Donelson on

In this December 18, 2015, article, we discussed employer-sponsored wellness programs and the EEOC's apparent apprehension of them. The article referenced the EEOC's lawsuit against plastics manufacturer Flambeau, Inc. in...more

Zelle  LLP

That is SO last week - September 2015 #4

Zelle LLP on

No matter how many times employment lawyers say that the ADA may require employers to provide more leave than the FMLA’s 12 week allotment, some just don’t get the message. Last week, the EEOC announced a $300,000 settlement...more

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