News & Analysis as of

Discrimination Non-Discrimination Rules

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
Jackson Lewis P.C.

Reports Confirm Need for Employers to Foster Inclusive Work Environment for Black, LGBTQIA+ Youth

Jackson Lewis P.C. on

Both The Trevor Project and the Human Rights Campaign have released reports detailing the challenges faced by Black LGBTQ+ youth in the United States and the importance of acceptance and support to ensure these young people...more

Seyfarth Shaw LLP

Florida Governor Signs into Law Sweeping Bill that Prohibits Businesses from Discriminating Based on Vaccination Status or from...

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Seyfarth Synopsis: On May 11, 2023, the same day on which the federal government ended the national health emergency related to COVID-19, Florida Governor Ron DeSantis signed into law a sweeping bill (SB 252) that prohibits...more

Troutman Pepper

Federal Regulators Urge The Appraisal Foundation to Revise Uniform Standards to Explicitly Prohibit Discrimination

Troutman Pepper on

On February 14, Patrice Ficklin, the Fair Lending Director for the Consumer Financial Protection Bureau (CFPB), together with senior officials from the Federal Reserve Board, Office of the Comptroller of the Currency, Federal...more

Brownstein Hyatt Farber Schreck

DC Bill Would Ban Algorithmic Discrimination

The Council of the District of Columbia is currently considering landmark legislation that would impose significant obligations on many entities that use algorithms. In sum, the Stop Discrimination by Algorithms Act precludes...more

Davis Wright Tremaine LLP

How Is My Family Business Addressing Diversity and Race?

The release of graphic video footage showing George Floyd's murder in the custody of Minneapolis police triggered public outcry across the nation. Thousands protested in the streets in support of Black Lives Matter, the...more

Arnall Golden Gregory LLP

HHS Issues New Final Rule Under Section 1557 of the Affordable Care Act: Analysis for Healthcare Providers

On June 12, HHS issued its new final rule under Section 1557 of the Affordable Care Act—the Act’s nondiscrimination provision. This final rule revises the Obama Administration’s 2016 regulation in numerous and significant...more

Pierce Atwood LLP

Workplace Wellness Program Incentives Under Fire - Again

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For years, employers have been trying to find the right incentives for employees to embrace wellness programs. If incentives are too meager, employees are not likely to participate. If they are weighted too heavily in favor...more

Troutman Pepper

EEOC’s Wellness Program Rules in Doubt

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Q.  Are the EEOC’s Wellness Program rules still valid? A.  The ADA and the Genetic Information Nondiscrimination Act both permit an employer to seek medical information as part of a wellness program if the employee...more

Seyfarth Shaw LLP

Court Directs EEOC to Reconsider Wellness Rules, Leaves Current Rules in Effect

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On Tuesday, August 22, the US District Court for the District of Columbia ordered the EEOC to revisit its controversial rules placing certain limits on employer-sponsored wellness programs under the Americans with...more

Bradley Arant Boult Cummings LLP

Well, Well, Wellness: DC Court Strikes Down EEOC Rules on Corporate Wellness Programs

When is a financial incentive in an employee-sponsored wellness program so high that employees can’t afford not to participate—rendering the program no longer voluntary? Well (pun intended), the District Court for the...more

Holland & Knight LLP

Religious Institutions Update: October 2016

Holland & Knight LLP on

Timely Topics - The final rule implementing Section 1557 of the Patient Protection and Affordable Care Act (ACA) was issued by the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) on May...more

Troutman Pepper

The EEOC's View of Wellness Programs

Troutman Pepper on

The EEOC’s regulations allayed many concerns over the permissible level of incentives/penalties, as well as the challenge of dealing with inconsistent requirements under the various laws. Originally published in The HR...more

Littler

HHS Final Rule Finds Categorical Exclusions for Health Services Related to Gender Transition Are Generally Unlawful

Littler on

The U.S. Department of Health and Human Services (HHS) recently published its Final Rule implementing Section 1557 of the Affordable Care Act (ACA), which prohibits discrimination on the basis of, among other grounds, sex in...more

Arnall Golden Gregory LLP

The Future of Healthcare Discrimination Litigation-Section 1557 of the ACA

This article was originally published by American Health Lawyers Association. Copyright 2015, American Health Lawyers Association, Washington, DC. Reprint permission granted. It is no secret that the Affordable Care Act...more

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