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Showing posts with the label 2025-05-23 Digest

EEOC’s Abortion Accommodation Mandate Struck Down By Federal Court: What Employers Need To Know

A federal judge in Louisiana ruled yesterday that the Equal Employment Opportunity Commission (EEOC) overstepped its authority by requiring employers to accommodate elective abortions that are not medically necessary. Although multiple lawsuits are currently pending on the issue, the order applies nationwide until and unless a higher court rules otherwise.  The judge’s May 21 decision vacated relevant parts of a Biden-era rule implementing the Pregnant Workers Fairness Act (PWFA) – which was already living on borrowed time given the new administration’s position on the matter. Notably, Acting EEOC Chair Andrea Lucas has publicly opposed her agency’s abortion-related accommodation rule, was planning on taking steps to overturn the rule, and is expected to support the court’s ruling – though we could see worker advocacy groups pick up the battle in the agency’s place. Here’s what employers need to know about the ruling and how it impacts your policies and practices. Key Takeaways F...

Legislative Scoop: What’s the Status of State Discrimination Legislation?

Each month, GovDocs Employment Law & Compliance Team will provide the scoop on key bills making their way through the legislative process. This month tackles pending legislation on discrimination laws at the state level. While there is a plethora of pending discrimination legislation, this article will specifically discuss three bills that have passed both the House and Senate in Oregon, Hawaii, and Montana.     Oregon Discrimination Legislation  Oregon’s state legislature recently passed House Bill 3187 ( HB 3187 ) relating to age-based employment discrimination during the first stages of the job application process. If signed by the governor, HB 3187 would amend the state’s discrimination law so that employers, prospective employers, and employment agencies are prohibited from requesting or requiring an applicant to provide their age, date of birth, or dates of attendance and/or graduation of any educational institution prior to completing an initial interview ...

2025 Enforcement Trends: Risk Analysis Failures at the Center of HHS’s Multimillion-Dollar HIPAA Penalties

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In the first five months of 2025, the U.S. Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) announced it had entered into ten Health Insurance Portability and Accountability Act (HIPAA) resolution agreements reflecting the settlement of alleged HIPAA violations stemming from data breaches reported to OCR . These settlements span both the Biden and Trump administrations and involve a wide range of covered entities and business associates, from small physician groups to larger hospital authorities and IT service providers. Despite the diversity of organizations and underlying incidents, however, OCR’s enforcement focuses appear strikingly consistent. Each announcement indicates the resolution agreement was intended to cure defects in basic HIPAA Security Rule compliance, with a common emphasis on each organization’s failure to conduct a thorough risk analysis consistent with the HIPAA Security Rule. Quick Hits The HIPAA Security Rule requires HIPAA-covered ent...

Employee Complaint Rights: Update on Executive Order 13496 Compliance

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Executive Order (E.O.) 13496, signed on January 30, 2009, mandates that c ertain government contractors and subcontractors post notices informing their employees of their rights under federal labor laws . This executive order applies to all government contracts, except for collective bargaining agreements and contracts for purchases under the Simplified Acquisition Threshold. Quick Hits E.O. 13496 requires government contractors and subcontractors to post notices informing employees of their rights under federal labor laws. The DOL is seeking an extension of the current approval to collect information related to E.O. 13496 to ensure its enforcement through the complaint procedure. OFCCP remains the primary enforcement body for complaints under E.O. 13496 despite significant staff reductions. Under the regulatory provisions of  E.O. 13496  (29 C.F.R. Part 471), contractors and subcontractors are required to post notices detailing employees’ rights under the National Labor Relat...