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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I began my career in Human Resources in May 1979 as a summer intern in the labor relations department of the Midwest Steel Division of National Steel Corporation and was admitted to practice law in Indiana in October 1980…so, around 40 years of working in HR and/or legal roles involving HR matters. The first 16…

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When employers are confronted with a request by a “disabled” employee for a reasonable accommodation, the employer should consider at least two (2) issues: What is the best, practical solution to this business problem?, and What are the legal requirements the employer is obligated to comply with? When the American with Disabilities Act was amended…

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