Disability Law Commons^™

Inadequate Privacy: The Necessity Of Hipaa Reform In A Post-Dobbs World, Katherine Robertson

Seattle University Law Review

Part I of this Comment will provide an overview of HIPAA and the legal impacts of Dobbs. Part II will discuss the anticipatory response to the impacts of Dobbs on PHI by addressing the response from (1) the states, (2) the Biden Administration, and (3) the medical field. Part III will discuss the loopholes that exist in HIPAA and further address the potential impacts on individuals and the medical field if reform does not occur. Finally, Part IV will argue that the reform of HIPAA is the best avenue for protecting PHI related to reproductive healthcare.

Big Data And The Americans With Disabilities Act: Amending The Law To Cover Discrimination Based On Data-Driven Predictions Of Future Illnesses, Sharona Hoffman

Faculty Publications

While big data holds great promise to improve the human condition, it also creates new and previously unimaginable opportunities for discrimination. Employers, financial institutions, marketers, educational institutions, and others can now easily obtain a wealth of big data about individuals’ health status and use it to make adverse decisions relating to data subjects.

The Americans with Disabilities Act (ADA) is a federal law that prohibits employers and other public and private entities from discriminating against individuals because of their disabilities. This chapter argues that in the era of big data, the ADA does not go far enough. While the ADA …

Use Of Facial Recognition Technology For Medical Purposes: Balancing Privacy With Innovation, Seema Mohapatra

Faculty Scholarship

No abstract provided.

Growing Ideas - Confidentiality: Respecting The Privacy Of All Families, University Of Maine Center For Community Inclusion And Disability Studies

Early Childhood Resources

Care and education professionals routinely receive confidential information about children and families as part of their work. Maintaining confidentiality is important both legally and ethically.

Beyond Title Vii: Rethinking Race, Ex-Offender Status, And Employment Discrimination In The Information Age, Kimani Paul-Emile

Faculty Scholarship

More than sixty-five million people in the United States—more than one in four adults—have had some involvement with the criminal justice system that will appear on a criminal history report. A rapidly expanding, for-profit industry has developed to collect these records and compile them into electronic databases, offering employers an inexpensive and readily accessible means of screening prospective employees. Nine out of ten employers now inquire into the criminal history of job candidates, systematically denying individuals with a criminal record any opportunity to gain work experience or build their job qualifications. This is so despite the fact that many individuals …

Aids, Employment And The Law, American Bar Association; Aids Coordinating Committee

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Legal Implications Of Substance Abuse Testing In The Workplace, Michael S. Cecere, Phillip B. Rosen

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Race, Sex And Genes At Work: Uncovering The Lessons Of Norman-Bloodsaw, Elizabeth Pendo

All Faculty Scholarship

The Genetic Information Nondiscrimination Act of 2008 (“GINA”) is the first federal, uniform protection against the use of genetic information in both the workplace and health insurance. Signed into law on May 21, 2008, GINA prohibits an employer or health insurer from acquiring or using an individual’s genetic information, with some exceptions. One of the goals of GINA is to eradicate actual, or perceived, discrimination based on genetic information in the workplace and in health insurance. Although the threat of genetic discrimination is often discussed in universal terms - as something that could happen to any of us - the …

Education Law, D. Patrick Lacy Jr., Kathleen S. Mehfoud

University of Richmond Law Review

No abstract provided.

Current Issues Regarding The Americans With Disabilities Act, John-Paul Motley

Vanderbilt Law Review

President George Bush, noting that "statistics consistently demonstrate that disabled people are the poorest, least educated, and largest minority in America," signed the Americans with Disabilities Act ("ADA") into law in 1990. The ADA prohibits private employers from discriminating against a "qualified individual with a disability" in employment decisions. The Act defines a disability in one of three ways: (1) a physical or mental impairment that substantially limits one or more major life activities; (2) a record of such an impairment; or (3) being regarded by others as having such an impairment. The ADA also prohibits employers from inquiring into …

The Privilege Against Self-Incrimination In Civil Commitment Proceedings, Marianne Wesson

Publications

No abstract provided.