Archives: Health & Wellness

HHS Letter to Healthcare Providers About Emergency Medical Care

By Amy Fouts and Claire Bass on July 13, 2022 Posted in Dobbs, Health & Wellness, Healthcare

On Monday, July 11, 2022, the secretary of Health and Human Services (HHS) issued a letter to healthcare providers regarding the Emergency Medical Treatment and Active Labor Act (EMTALA), indicating that when a state law prohibits abortion and does not provide an exception that aligns with EMTALA’s emergency medical condition definition, that state law is … Continue Reading

Issue Spotting for Employers in a Post-Roe Era

By Amanda Van Hoose Garofalo and Amy J. Traub on July 1, 2022 Posted in Health & Wellness, Healthcare, Supreme Court

On June 24, 2022, the U.S. Supreme Court held in a 5-1-3 opinion that Roe v. Wade – a nearly 50-year-old Supreme Court opinion providing the right to an abortion in this country – should be overturned. See Dobbs v. Jackson Women’s Health Organization (available at www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf). Irrespective of whether an employer agrees with the … Continue Reading

At the Crossroads of Politics, Religion and Social Justice, Employers Face Difficult Choices

By Marc Antonetti, Ashlee Grant and Allison Thomas on July 1, 2022 Posted in Health & Wellness, Healthcare, Supreme Court

A closely divided Supreme Court, a reversal of long-standing precedent, headline-grabbing litigation and an increased assertion of religious liberty rights by employees have thrust employers into an unprecedented and extraordinarily difficult social and legal environment following the Court’s decision in Dobbs v. Jackson Women’s Health Organization. Many employees wonder what their employers will do in … Continue Reading

COVID-19 Designated as a Highly Contagious Communicable Disease Under NY HERO Act

By Justin Guilfoyle on September 9, 2021 Posted in Health & Wellness, New York

As we previously discussed in May and July, the New York Health and Essential Rights Act (NY HERO Act), signed into law by then-Gov. Andrew Cuomo, required employers to take numerous health and safety measures in response to the COVID-19 pandemic. On Sept. 6, 2021, Gov. Kathy Hochul announced that the commissioner of the New … Continue Reading

New Lactation Room Requirements in NYC Going Into Effect Soon

By Fanny Ferdman on February 4, 2019 Posted in Health & Wellness, New York

As many of you have probably heard, late last year, the New York City Council passed two laws that will amend the NYC Human Rights Law to expand the requirements of employers to provide lactation space for breastfeeding employees and to develop lactation policies and processes for employees to request accommodations for nursing. These new … Continue Reading

State Court Asked to ‘Weigh In’ on Whether Obesity Constitutes an Impairment Under Anti-Discrimination Law

By Jacob A. Bruner on October 16, 2018 Posted in EEOC, Health & Wellness

On Sept. 17, 2018, the Ninth Circuit Court of Appeals certified to the Washington Supreme Court the question of whether obesity qualifies as an “impairment” and thus a “disability” under the state’s anti-discrimination law. The case, titled Casey Taylor, et al. v. Burlington Northern Railroad Holdings Inc., et al., Case No. 16-35205 (9th Cir. Sept. … Continue Reading

Mandatory Flu Vaccination Policies: Tips for the Upcoming Flu Season

By Jeanine Conley on September 5, 2013 Posted in Health & Wellness

As the summer comes to an end, the dreaded flu season, which impacts employers across the country, looms ahead. According to the Centers for Disease Control and Prevention (“CDC”), the flu season can begin as early as October and last as late as May. The CDC reports that, on average, 5 to 20 percent of United … Continue Reading

Employers Must Abide By GINA Regulations When Providing Health Screenings

By Anat Maytal and Joyce Ackerbaum Cox on August 7, 2013 Posted in EEOC, Health & Wellness

Workplace health and wellness programs are becoming increasingly popular throughout the country, and this is not surprising at all, given how beneficial such programs can be for both employers and employees. After all, healthy employees tend to be happier and more productive employees, which in turn makes employers happy and keeps healthcare costs down. Everyone wins. … Continue Reading