(Un)Intended Consequences? Can Employers be Sued Under the New Texas Heartbeat Act?
On September 1, 2021, the most restrictive abortion law in the country went into effect in Texas. Known as the "Texas Heartbeat Act," the statute, which creates a new subchapter of Chapter 171 of the Texas Health and Safety Code, privatizes a right of action against people who aid and abet abortions in violation of the new law.
More specifically, the statute provides that "any person" other than a state actor can bring an action against "any person" who:
knowingly engages in [or intends to engage in] conduct that aids or abets the performance or inducement of an abortion, including paying for or reimbursing the costs of an abortion through insurance or otherwise, if the abortion is performed or induced in violation of this subchapter, regardless of whether the person knew or should have known that the abortion would be performed or induced in violation of this subchapter...(emphasis added).
How could this affect employers?
First, how broadly will courts define "conduct that aids or abets"?
- What if an employer grants a woman time off of any kind (PTO, unpaid leave, FMLA leave) that she uses for an abortion in violation of the law?
- What if an employer's insurance covers the cost of what is later found to be an "illegal" abortion?
- What if an employer provides employee assistance program benefits to a woman who chooses, after the use of such services, to have an "illegal" abortion?
Second, who can be sued? Individual employees? The corporate entity? Both? The statute does not define the term "person," and based on the concept of corporate personhood, corporations are also persons with the rights to sue and be sued.
And third, would an employer have to violate HIPAA to qualify for an affirmative defense? It is an affirmative defense under the statute if the defendant "reasonably believed, after conducting a reasonable investigation," that the physician performing or inducing the abortion would comply with the law. What is a "reasonable investigation"? Would HR or benefits employees need to directly contact a woman's healthcare provider to determine the precise nature of the services to be performed prior to approving any type of leave or other related benefit?
The Bill analysis by the House Public Health Committee https://trackbill.com/bill/texas-senate-bill-8-relating-to-abortion-including-abortions-after-detection-of-an-unborn-childs-heartbeat-authorizing-a-private-civil-right-of-action/2067179/ fails to address what are serious potential liability issues, created by a poorly drafted statute, for employers to consider.
Employers can contact me at voltmera@gtlaw.com for additional information.
This comment has been removed by a blog administrator.
ReplyDeleteThis is something I ‘ve been searching for for a while.I’m thankful to you for writing this article. Top Rated Criminal Defense Lawyer.
ReplyDeleteHey, thanks for sharing this great article in this blog. Your blog article is really very nice thanks for sharing this info and please keep updating us. You can visit here for real estate attorneys
ReplyDeletefinally I find you on this Bankruptcy Lawyer
ReplyDeleteDenver operating agreement lawyer - As a multi-member LLC you will also need to obtain your taxpayer identification number, also referred to as an Employer Identification Number (EIN). You can obtain your EIN through the Internal Revenue Service and the EIN will be the number used to identify your business/entity.
ReplyDeleteReally love to read your blogs and thanks for the amazing blog. Everything you shared is really good. Find the best Probate Attorney Dallas .
ReplyDeleteAwesome blog! I like it a lot! Thanks and keep up the great work!
ReplyDeleteHTW Law – Employment Lawyer Toronto Ontario. Servicing the Greater Toronto Areas. Wrongful Dismissal
suing and Severance Pay lawyer. Constructive Dismissal and Workplace Harassment lawyer. Employment
Lawyer experienced in Sexual Harassment and Human Rights Violations law.
Click here
What Information Should I Give the Bail Bond Agent?
ReplyDeleteLaws Governing Bail Bonds in Irvine Bail bond companies are expected to be confidential. It feels great sharing your arrest information with an agent you are sure you can trust. Your bail bond agent will require specific details when securing your release from jail. Knowing you can trust the agent makes it easy for you to provide this information. The agent will want to know where you or your loved one is kept in custody. You need to know the state, county, city, and name of the jail. It will make it easy for the agent to trace the person whose release from jail they are expected to secure. The agent will also ask for the full name of the defendant and their jail number. The information will be needed when the agent contacts the jail to inquire about the defendant’s bail. The agent will need to know the total bail amount. You will be given this information on your first arraignment when the judge determines your eligibility for bail and how much it should be. If your case doesn’t need a bail hearing, the arresting officer can tell you how much bail you need to pay for your release. Your bail agent will probably want to know whether you will willingly appear in court on the set date and if you are planning to relocate to another county or state. If the bail amount is high, the agent might want you to secure the bond just to be sure of your willingness to appear and abide by the court conditions until the conclusion of your case Processing Bail Bonds in Irvine.
Nice article with great information, thank you guys for sharing such a fantastic blog. Meanwhile check this out
ReplyDeleteChapter 7 Attorney
Thank you very much for sharing such a useful article. Will definitely saved and revisit your site best Best Criminal Defense Attorney in Florida
ReplyDeleteWonderful Post. This is a very helpful post. These are the useful tips for. I would like to share with my friends. To know more about me visit here business commercial lawyer in florida
ReplyDeleteI am heartily impressed by your blog and learned more from your article. Thank you so much for sharing with us. Here is the best solution. If you want to look please visit here Homicide vs Murders Here another informative information.
ReplyDeleteHow Bail Bonds Work?
ReplyDeleteBAIL PROCESS EXPLAINED OVERVIEW
Put simply, bail is the deposit or pledge of money with a court to secure a suspect's release from jail pending trial eldonbailbonds, with the promise that the suspect will appear in court as required or pay the full sum of the bond Indio Bail Bonds - Indio Bail Bond. Bail is a breeze for the really well-off. Simply depositing the funds needed to cover the relevant costs with the court system. Posting cash bail is submitting the whole amount of the bail, in this case $10,000, to the court. However, most individuals either don't have or aren't willing to put up such a significant sum of money as a deposit ahead of time in case there is a lengthy legal battle ahead. A Surety Bail Bond, in which a bail agency promises to pay the whole amount of the bail if the defendant doesn't show up to their court date and can't be located within a reasonable length of time, is a more practical option for them and most others in similar situations. By "securing" the bail bond for a fee (details below), the bail agency protects themselves from having to pay the whole amount if the prisoner fails to appear in court after being released on bail.
THE TWO PARTS OF THE BAIL PROCESS AND HOW EL DON CAN HELP
Money:
The bail bond process requires a large sum of money, which may appear little. The Department of Insurance mandates uniform pricing for bail bonds, with a few exceptions El Don Bail Bonds. Only 10% of the total bail amount. It is possible to get a 20% reduction and pay only 8% on a bail bond if you are a union member, government employee (including military), or have a private counsel. Don't hesitate to contact El Don Bail Bonds so that we may attempt to assist you in obtaining the reduction.
Security:
In the event that the defendant fails to appear in court as required, the bail bondsman must protect their own financial interests. The defendant's house, vehicle, or other valuables might be taken as collateral if he or she fails to appear in court. If the bail amount is substantial or if the defendant is considered a flight risk, collateral may be required to secure a bail bond. At El Don Bail Bonds, however, we typically only need a signature to secure the bail bond, as opposed to posting collateral. If the defendant has a family member, close friend, or employer post bail, El Don Bail Bonds can usually use their signature as collateral. They guarantee that the defendant will show up to court and pay their bail in full. In most cases, a cosigner's employment or other proof of income or assets will be required. We will never call a cosigner at work to discuss the application process out of respect for their privacy. Call immediately to get the very fast procedure started; qualifying is more easier than you think.
How do you communicate with EMS?
ReplyDeleteTo guarantee that an EMS practitioner is competent and confident in treating a patient in any circumstance, they must study and practice a wide range of skills Legal Guardian. It might take a trained EMS professional weeks or months to master skills like starting an IV, intubating a patient, and using a monitor during a code Professional License Defense Attorney. However, the ability to communicate clearly and concisely is often underestimated. The importance of good communication skills with patients, coworkers, other medical professionals including nurses and physicians, and emergency dispatchers cannot be overstated. While some people seem to have an innate talent for it, others have to put in a lot of time and effort to master the art. If you want to make a name for yourself as an EMS provider, you need to work on your interpersonal communication skills regularly. During even a single patient transport, emergency responders will need to speak with many different persons using many different modes of communication. Your ability to interact with patients in an emergency scenario is crucial to providing excellent treatment.
Communicating With a Patient
Working in emergency medical services (EMS) means constant contact with patients. Often, you'll be helping people on the worst day of their lives. Interactions will be intense and different from what you're used to in your daily life. Now is when good communication skills will be most important. It will be your responsibility to learn as much as you can about the patient and to interact with them in a way that inspires confidence in you before you can effectively use the talents they need Professional Licensing Attorney. Sometimes the most beneficial thing you can do for a patient is to speak to them in a calm and empathetic manner. When people's anxiety is reduced, they are better equipped to deal with emergencies. When someone is in need during a crisis, words of reassurance like "We're here to take care of you and we're going to do all we can aid" may make all the difference.
Information gathering might be difficult. Due to anxiety or fear, some people may be hesitant to volunteer information. Building a connection with the patient and earning their confidence is important for getting the details you need to provide adequate treatment. The answers to some of your questions may be sensitive or difficult for the patient to share. Encourage the patient to share as much information as possible and reassure them that you will protect their privacy.
What Is Catastrophic Injuries? How Does It Work?
ReplyDeleteA catastrophic injury is one that dramatically changes the victim's life and the lives of those around them Sacramento-injury attorney. After enduring intensive emergency care and extended hospitalization, the victim and their loved ones must adjust to a new way of life marked by permanent disability, inconvenience, discomfort, and a generally worse quality of life Sacramento Personal Injury Lawyer.
Common types of catastrophic injuries include:
Traumatic brain injury. Facial fracture. Neck injuries. Disfigurement injuries. Spinal cord injuries. Loss of hearing or eyesight. Amputation due to limb injuries.
A wide variety of mishaps can result in catastrophic injuries. Catastrophic injuries are often medical catastrophes that need intensive care for the injured. In the event of severe injuries, family members should rush to the hospital and follow their doctors' orders for further treatment. And they shouldn't wait to speak with a personal injury attorney. Lost pay, medical bills, and emotional distress are all elements that might be claimed in a personal injury lawsuit. A catastrophic injury, however, necessitates extensive medical treatment for months, if not years, and in some cases, for the rest of the plaintiff's life. The Law Offices of a Sacramento Personal Injury Lawyer will take the time to review your medical records and fully grasp your situation.
As part of a life care plan, we can help make sure you get paid for all the ways in which your claim could potentially cost you money. The specialist will assess your long-term requirements, which may involve:
Treatments, tools, and supplies for healthcare professionals. Accessible transportation and housing improvements Car Accident Lawyer Sacramento. Rehabilitative services consisting of both physical and occupational techniques. predicted longevity. The price tag on maintaining one's standard of living.
Damages Paid in Case of Major Accident
Total and permanent disability payments and catastrophic injury benefits are equivalent under workers' compensation legislation. Typically, victims will have their medical bills paid for and get a percentage of their lost income, up to a set limit. Each state's laws govern the particulars. Accidents of this magnitude may be dealt with differently by the law in some states than they are in others.
Can you tell me about the workers' compensation benefits for a severe injury on the job?
A catastrophic injury is defined as one that results in total and permanent disability, and the workers' compensation payments for such an accident are equivalent to those for a totally crippled worker. However, the workers' compensation systems in various states may have varied policies on the treatment of catastrophic injuries. Workers who have catastrophic injuries on the job are entitled to workers' compensation benefits, which cover things like medical care, attendant care, and lost income.