COVID-19 has left many employers with understaffed workforces. Of the many factors contributing to the lack of available workers, one such reason is an apprehension to work alongside unvaccinated colleagues. Employers have been left to question whether they can incentivize their employees to become vaccinated against COVID-19.  This has been an ongoing question in legal…

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Universities around the country are requiring students, faculty, and staff to sign COVID-19 liability waivers for the 2020-2021 school year. Several universities have also implemented remote options for schooling so attendees can opt-out of in-person classes this upcoming fall semester. So, will schools actually be liable for the spread of COVID-19 when school starts? By…

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The OSHA May 19, 2020 memo entitled Revised Enforcement Guidance for Recording Cases of Coronavirus Disease 2019 (COVID-19), and contained in the link, https://www.osha.gov/memos/2020-05-19/revised-enforcement-guidance-recording-cases-coronavirus-disease-2019-covid-19 , deals primarily with what constitutes a reportable COVID-19 finding to OSHA. The fact that an employee may have acquired COVID-19 at work (i.e., the COVID-19 is work-related) is just one…

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Although the federal Health Insurance Portability and Accountability Act (HIPAA) does not provide a private right of action, a plaintiff still may recover damages for the wrongful disclosure of his or her private health information under Indiana law.             A healthcare provider can be held vicariously liable for the wrongful disclosure by its employee when…

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The United States Supreme Court issued a landmark ruling this morning. The Court held that the 1964 Civil Rights Act protects gay and transgender workers from employment discrimination based on sexual orientation and gender identity. The Court issued its ruling in response to three (3) cases before the Court: Bostock v. Clayton County, which involved…

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