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Everything you need to know about HIPAA privacy laws

By | 2022-09-27T12:31:47-05:00 July 30th, 2018|Public Policy|

The Health Insurance Portability and Accountability Act (HIPAA) of 1996 was enacted to protect your private information while allowing the transfer of health information to ensure that each individual receives high-quality health care. What information is protected? HIPAA protects “all individually identifiable health information held or transmitted by a covered entity or its business associate, in any form of media, whether electronic, paper or oral.”   This information includes demographic data that relates to the individual’s past, present or future physical or mental health. Any information that can identify a patient is protected by law.   It can include   a patient’s name, social security number, or telephone number a medical record specific dates such as birth, admission, discharge or [...]

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Know your rights: whistleblowing

By | 2022-09-27T12:31:54-05:00 June 26th, 2018|Employee Rights, Work Environment|

A whistleblower is an individual that reports a person or organization that is violating laws or regulations or is a danger to public health and safety. State and federal laws offer protection to employees that stop or report acts prohibited by law or testify about unlawful conduct. Conduct Conduct that could be subject to whistleblowing includes breaking environmental laws corporate fraud in publicly traded companies violation of industry rules and regulations decision-making that endangers public health and safety gross waste of funds abuse of authority censorship of information that could cause any of the above Retaliation Laws are in place that protect whistleblowers from retaliation from employers. This includes but is not limited to firing, demotion, blacklisting, harassment, reduction in [...]

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Know your rights: FMLA

By | 2022-09-27T12:32:24-05:00 June 19th, 2018|Public Policy|

The Family and Medical Leave Act (FMLA) was enacted in 1993 to promote work-life balance.   FMLA applies to all public agencies, public and private elementary and secondary schools and companies with 50 or more employees.   Eligibility An employee is eligible when he or she meets the following criteria: works at a company that employs 50 or more employees has worked for their employer for at least one year has worked at least 1,250 hours over the past year   Unpaid leave An employee can request unpaid leave for any of the following reasons: for the birth and care of the employee’s newborn child for the placement of an adopted or foster care child with the employee to care [...]

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Know Your Rights: Age Discrimination

By | 2022-09-27T12:31:08-05:00 June 14th, 2018|Age Discrimination|

What is age discrimination? In the workplace, age discrimination “involves treating an applicant or employee less favorably because of his or her age.”   The ADEA, or Age Discrimination in Employment Act, prohibits age discrimination against applicants or employees aged 40 or older. This does not mean that the discriminator has to be under age 40; on the contrary, discrimination can still happen when both parties are over the age of 40. The ADEA covers employers with 20+ employees, state, local, and federal governments and government agencies, employment agencies, and labor organizations. What parts of the employment process are protected? The ADEA protects the following parts of employment and the employment process: Job Notices and Advertisements: it is generally unlawful [...]

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Disability discrimination in the workplace

By | 2022-09-27T12:32:03-05:00 May 30th, 2018|Disability Discrimination, Employee Rights, Work Environment|

Disability discrimination occurs when an employee or applicant is treated unfavorably (because he or she has a disability) by an employer or other entity covered by the Americans with Disabilities Act, the Rehabilitation Act or the Missouri Human Rights Act. According to the U.S. Equal Employment Opportunity Commission, in order to be protected by the law, an individual must be qualified for the job and show that he or she has a disability in one of the following ways: if the individual has a physical or mental condition that substantially limits a major activity such as walking, talking, seeing, hearing or learning if the individual has a history of a disability such as cancer that is in remission if an [...]

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What is sex discrimination in the workplace?

By | 2022-09-27T12:32:12-05:00 May 8th, 2018|Sex Discrimination, Work Environment|

The U.S. Equal Employment Opportunity Commission (EEOC) defines sex discrimination as treating an applicant or employee unfavorably because of that person’s sex. Discrimination against an individual because of gender identity or sexual orientation is in violation of Title VII. What is Title VII? Title VII of the Civil Rights Act of 1964 applies to private employers, state and local government employers, labor organizations, employment agencies, and joint employer-union apprenticeship programs with 15 or more employees. It is against Title VII to discriminate, based on sex or gender, when dealing with workplace matters such as hiring, firing or layoffs, pay rate, work schedule, job duties, promotions and advancement opportunities, trainings, fringe benefits and any other term or condition of employment. These [...]

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What is wrongful termination?

By | 2022-09-27T12:31:18-05:00 April 25th, 2018|Employee Rights, Work Environment|

It’s essential that employees know their rights and take steps to protect themselves in the case of wrongful termination. Employment-at-will doctrine Employees and employers are not bound to their employment relationship by anything but voluntary desire. An employee can leave the job without reason and an employer can fire the employee at any time without cause. Wrongful termination Wrongful termination is a situation in which an employee is fired for reasons which are considered against the law. Here are some examples of unlawful reasons for termination which would fall outside of the employment-at-will doctrine.   Firing due to sex, gender identity or sexual orientation Firing as a form of sexual harassment Firing on the basis of a disability Firing in [...]

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What is sexual harassment in the workplace?

By | 2022-09-27T12:33:53-05:00 April 9th, 2018|Sexual Harassment|

What is sexual harassment? According to the U.S. Equal Employment Opportunity Commission (EEOC), sexual harassment is legally defined as: “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment.” According to the EEOC: The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex. The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee. The victim does not have to [...]

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What is age discrimination?

By | 2022-09-27T12:33:57-05:00 March 28th, 2018|Age Discrimination|

Age discrimination occurs any time you experience unfair treatment based on your age and not your skills or merit. Age discrimination is also illegal. Federally, the Age Discrimination in Employment Act (ADEA) protects people 40 and older. And yes, discrimination can happen even if both parties are 40 or older. It’s important to know, however, that the ADEA applies to employers who have 20+ employees. This includes federal, state, and local governments, as well as labor organizations and employment agencies. The States of Kansas and Missouri have their own discrimination laws, specifically the Kansas Act Against Discrimination and the Missouri Human Rights Act. Age discrimination lawsuits are typically only brought against these state laws when the case is against an [...]

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Know Your Employee Rights – Federal, Kansas, and Missouri

By | 2022-09-27T12:34:04-05:00 March 7th, 2018|Employee Rights|

All employees have certain rights, whether you’re a job applicant, a current employee, or a former employee. They vary a bit from state to state and depending on the type of employer, type of employment, and size of the employer. But generally, you can expect the following employee rights no matter where you are employed: Right to privacy in your workplace Right to freedom from discrimination and harassment Right to freedom from retaliation for filing either a complaint or a claim against your employer. This is commonly known as “whistleblower’s rights” Right to fair pay Right to privacy in your workplace Because employment law is both complex and diverse, there are a few variables to areas of it, such [...]

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