Jun 302015
 June 30, 2015  Posted by  Featured News, Healthcare, Laws, U.S., Workplace

Robert W. Small writes:

The Americans with Disabilities Act prohibits discrimination in the workplace based on an employee’s disability where a qualified employee can perform the essential functions of a job with or without reasonable accommodation. The ADA prohibits employers from soliciting medical information from employees which could be used to discriminate on the basis of a disability. Other federal statutes, such as the Genetic Information Nondiscrimination Act, or GINA, and the Health Insurance Portability and Accountability Act, or HIPAA, likewise prohibit employers from obtaining or using medical information for improper purposes.

On the other hand, the Affordable Care Act permits employers to offer financial incentives to encourage employees to participate in wellness programs that promote healthful lifestyles, thereby lowering health insurance costs.

Read more on The Legal Intelligencer.

Jun 302015
 June 30, 2015  Posted by  Laws, Online, U.S., Youth & Schools

Chuck Kunz III of Morris James LLP writes:

Online businesses take note. Delaware may finally have an online privacy law. On June 25, 2015, the Delaware General Assembly passed SS1 for SB68, known as the “Delaware Online Privacy and Protection Act.” If signed by the governor, DOPPA will go into effect on January 1, 2016.

DOPPA three stated purposes: (i) to prohibit the operator of an internet service directed at children from marketing or advertising certain products or services on a website that are deemed harmful to children; (ii) to require an operator of an internet service to conspicuously post its privacy policy, if the internet service collects personally identifiable information (PII) from Delaware residents for commercial purposes; and (iii) to protect the personal information of users of digital book services by prohibiting a provider of book services from disclosing personal information regarding users of book services to law enforcement entities, governmental entities or other parties except under specified circumstances.

Read more on JDSupra.

Jun 302015
 June 30, 2015  Posted by  Business, Court, Non-U.S.

Jeremy Kirk reports:

A lawsuit alleging that security software from Avira improperly blocked downloads of a software bundle that presented itself primarily as an Angry Birds-style game has been dismissed.

Freemium GmbH had sought a cease-and-desist order in Berlin District Court against Avira, based in Tettnang, Germany, whose security software warned users that a game called Moorhuhn Remake came with other potentially unwanted software.

Read more on PC Advisor.

Jun 302015
 June 30, 2015  Posted by  Court

Katherine Proctor reports:

A restraining order preventing a woman’s ex-husband from disseminating sensitive information downloaded from her cell phones does not violate the husband’s constitutional rights, a California appellate court ruled.

Read more on Courthouse News.