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The U.S. District Court for the Eastern District of Virginia recently denied an employer’s motion for summary judgment on an employee’s claim of retaliation under the Family Medical Leave Act (FMLA).  In a memorandum opinion issued last month in the matter of Osei v. Coastal International Security, Inc. (No. 1:13-cv-01204), Judge Liam O’Grady ruled that the plaintiff, Naomi Osei, was an “eligible employee” under the FMLA, and that there were “sufficient facts in dispute to…

No.  The privacy requirements of the Health Insurance Portability and Accountability Act (HIPAA) generally do not apply to employers.  However, other laws impose similar requirements upon employers receiving employee medical leave and accommodation requests. The Americans with Disabilities Act (ADA) applies to employers with 15 or more employees and imposes strict confidentiality requirements.   Under the ADA, employers must not disclose medical information they learn about an applicant or employee, with limited exceptions.  (For example, supervisors

The Arlington County, Virginia government has adopted a “ban the box” policy.  This policy delays criminal record inquiries until later in the hiring process. Proponents of the “ban the box” movement argue that considering criminal records early in the hiring process results in racial discrimination because minorities have a higher conviction rate than other applicants.  This may be reflected in bias within the criminal justice system.  They also argue that it hurts rehabilitation for one