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Gays and Lesbians Still Face Workplace Challenges

Basketball’s Jason Collins came out of the closet last month and made history by becoming the first openly gay, active major league athlete. By all accounts, he received a very warm reception. Protecting his workplace rights as a gay male, however, would be no slam dunk were it to come to that – at least not for now. 

State Department Exports Items From ITAR to EAR

Earlier this year, President Obama proposed reforming outdated export control laws by transferring certain items from the U.S. Munitions List (USML) to the more flexible Commerce Control List (CCL). The USML lists defense articles, services and technology regulated by the State Department’s International Traffic in Arms Regulations (ITAR). In contrast, items on the CCL contain both commercial and military applications and are regulated by the Commerce Department’s Export Administration Regulations (EAR). By changing the classification of certain parts and components, U.S. manufacturers can more easily supply their overseas customers with less sensitive defense-related items.

Protecting Student Privacy Online

Cloud computing and the proliferation of online courses are effecting profound changes in the way we learn.  These changes, in turn, have significant implications for ongoing compliance with FERPA (the Family Educational Rights and Privacy Act), which generally prohibits schools from disclosing students’ personally identifiable information (PII) without proper consent.

Social Media Privacy Rules Put Employers in Tough Spot

All is still not quiet on the social media front, where a host of conflicting laws and regulations continue to leave many employers between a rock and a hard place.  

Workplace Anti-Discrimination Enforcement is White Hot

Private employment-discrimination lawsuits are down, but the federal government is taking up much of the slack.

How Not to Provide a Job Reference

 When asked for a job reference, a kind-hearted manager might be tempted to gloss over the misconduct or performance issues that had prompted the company to fire an employee.  But as a Takeda Pharmaceuticals, Inc. ("Takeda") manager learned the hard way, in the context of an age-discrimination suit, managers should resist that temptation.

University's Inaccurate Understanding of FERPA Leads to Police Investigation

 FERPA (The Family Educational Rights and Privacy Act) is a federal law that is intended to protect the privacy of student education records. The law applies to all schools that receive funds from an applicable program of the U.S. Department of Education.  One of its key provisions requires that schools have written permission from the parent or eligible student in order to release any information from the student's education record.

Netflix Facebook Post Spurs SEC Clarification on Social Media Regulation

Netflix inadvertently prompted the SEC to update and clarify its regulations as they relate to the use of social media by public companies. This update was issued following an SEC investigation of Netflix chief executive officer Reed Hastings after a July 3, 2012 post on his personal Facebook page stating "Congrats to Ted Sarados, and his amazing content licensing team. Netflix monthly viewing exceeded 1 billion hours for the first time ever in June." 

5 Common Mistakes in HIPAA Compliance

In 2012, the Department of Health and Human Services (HHS) audited select healthcare organizations for compliance with the Health Insurance Portability and Accountability Act (HIPAA). The agency’s findings revealed some common privacy and security mistakes among both large and small organizations:

5 Tips for Discussing Gender-Related Issues in the Workplace

Managers often find it difficult to raise gender–related issues in the workplace because they think it’s inappropriate to discuss these issues with employees. Some companies, out of liability concerns, even advise their managers to avoid these topics entirely.

ACC Alliance PartnerProskauerWhite & Case