Employment Law Alert – April 2016

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  • Are New Mexico Employers Required to Accommodate Obesity Under the ADA? 
    Between 25% and 30% of all adults in New Mexico are obese. With such a significant percentage of New Mexicans being affected by obesity, employers are increasingly faced with issues regarding whether or not they must accommodate employees for impairments relating to their weight and whether obesity itself qualifies as a disability under the American with Disabilities Act (“ADA”). The ADA makes it unlawful for a covered employer to discriminate against any “qualified individual on the basis of disability”. The purpose of this article is to explain the current state of the law affecting New Mexico employers who are faced with employees claiming obesity as a disability. Continue Reading
  • HIPAA for New Mexico Covered Entity Employers: Avoiding Penalties
    The complexity of the Health Insurance Portability and Accounting Act (HIPPA) makes it difficult for well-intentioned employers to ensure compliance with its provisions. We often field calls from New Mexico employers asking if HIPAA applies in certain situations and what steps they need to take to make sure they do not violate it. In light of HIPAA’s significant penalties (ranging from $100 to $50,000 per violation), it is important for employers to understand its provisions and applicability. HIPAA specifies how protected health information (PHI) may be used and how it must be protected. Continue Reading