Tuesday, November 01, 2005

employment - discrimination - PHRA - "employment agency"

Nethken v. Pa. Civil Service Commission - Commonwealth Court - November 1, 2005

http://www.courts.state.pa.us/OpPosting/CWealth/out/1064CD05_11-1-05.pdf

The Pa. Civil Services Commission is an "employment agency" under the Pa. Human Relations Act, 43 PS sec. 951 et seq., and can be liable for age discrimination.

Plaintiff stated prima facie case of age discrimination when she was not put on a list of eligibles solely because she graduated from college in 1974, when job posting called for recent grad (1999). Lower court judgment on liability upheld.

D. Marritz
MidPenn Legal Services

HIPAA - HHS privacy rules valid - 3d Cir.

Citizens for Health, et al. v. Leavitt, Secy. of HHS - 3d Cir. - October 3, 2005

http://www.ca3.uscourts.gov/opinarch/042550p.pdf

HHS privacy rules under HIPAA upheld against challenges under Administrative Procedure Act and 1st & 5th Amendments.

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