SLF LABOR AND EMPLOYMENT ALERT July 2009

Department of Labor Launches Disability.gov

On July 28, 2009, the United States Department of Labor launched Disability.gov. Disability.gov is a new web site that serves as a broad resource for information on disability-related programs and issues. Disability.gov provides access to information on benefits, civil rights, community life, education, emergency preparedness, employment, health, housing, technology, and transportation. The web site also has a particularly helpful feature that provides a quick reference to state-specific issues, information, and laws. Disability.gov not only contains information pertaining to disability-related programs and issues, but it also provides interactive opportunities through online discussions, blogs, RSS feeds, a newsletter, e-mail updates, and Twitter.

Disability.gov can be accessed by clicking on the following link: www.disability.gov.

Age Discrimination Claims Continue to Rise

Age discrimination claims are on the rise. On July 15, 2009, the Equal Employment Opportunity Commission (“EEOC”) held a hearing to address the spike in age discrimination claims. Based on an article titled, “Age Discrimination Claims Jump, Worrying EEOC, Workers Advocates,” and authored by Steve Vogel, a Washington Post Staff Writer, the number of age discrimination claims rose by 30% from 2007 to 2008. While EEOC leaders acknowledged the spike in age discrimination claims, the article by Steve Vogel noted that witnesses at the hearing voiced concern that recent United States Supreme Court decisions have “curtail[ed] the ability of older workers to challenge age discrimination.” These witnesses argued that regulations needed to be implemented by the EEOC so that older workers could be provided better legal standing.

The full text of “Age Discrimination Claims Jump, Worrying EEOC, Workers Advocates,” by Steve Vogel, can be accessed at the following link: http://www.washingtonpost.com/wp-dyn/content/article/2009/07/15/AR2009071503760.html

Information related to the hearing, including links to remarks made by those in attendance at the hearing, can be accessed at the following link: http://www.eeoc.gov/abouteeoc/meetings/7-15-09/index.html. A transcript from the meeting is not yet available.

State Law Claim Not Preempted by the
Health Insurance Portability and Accountability Act

On June 23, 2009, the Court in Yath v. Fairview Clinics, N.P., No. A08-1556 (Minn. App. 2009), issued an opinion holding that a Minnesota state law claim for improper disclosure of medical records (i.e. Minnesota Statutes Section 144.335) was not preempted by the Health Insurance Portability and Accountability Act (“HIPAA”). In Yath, the plaintiff brought suit after her personal medical information was accessed and, through a series of events, posted on MySpace.com. In reaching its decision, the Court held that the plaintiff could pursue her Minnesota state law claims for wrongful disclosure of medical records despite the fact that HIPAA does not provide a similar remedy. The Court reasoned, “[r]ather than creating an ‘obstacle’ to HIPAA, Minnesota Statutes section 144.335 supports at least one of HIPAA‘s goals by establishing another disincentive to wrongfully disclose a patient‘s health care record.” The Court held, “Minnesota Statutes section 144.335 is not a contrary state law preempted by HIPAA.”

The full text of the opinion is available at the following link: http://privacyblog.littler.com/uploads/file/Fairview%20Clinics.pdf

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