Page 23 - BusinessWest July 25, 2022

Tools
Continued from page 21
ers that if a software-based screen- ing tool asks questions that require employees to disclose medical con- ditions or other disability-related information, it may be an unlawful, disability-related inquiry that violates the ADA.
The guidance also cautions employ- ers that they can be liable for dis- crimination caused by software-based screening tools, even if the employer did not create the tool. In other words, utilizing software developed by an outside vendor does not insulate an employer from liability.
Although the EEOC highlighted sev- eral issues that might make the use of software-based screening tools prob- lematic under the ADA, it also provided employers with guidance on steps they can take to help mitigate their risk, including, but not limited to: making it clear how an individual may request an accommodation related to the screen- ing tool or the use of the software; promptly and appropriately respond- ing to all requests for such accom- modations; thoroughly questioning the methodology used by the software the businesses uses, including asking the software provider whether it was developed with individuals with dis- abilities in mind and what the software
Law
Continued from page 22
ing any investigation by federal author- ities, another state, or private citizens related to legally protected reproduc- tive and gender-affirming healthcare provided in the Commonwealth.
Courts would similarly be barred from ordering anyone in Massachu- setts to testify or produce documents for lawsuits involving those practices, and judges could not issue any sum- mons in a case concerning those healthcare services unless the offense in question would also violate Massa- chusetts law.
An amendment was adopted dur- ing debate requiring public higher- education institutions to work with the Department of Public Health (DPH) to create a medication-abortion readiness plan which must provide medication abortion at a health center on campus or provide a referral to a nearby health- care facility offering abortion care.
It also creates a trust fund for public higher-education institutions to sup- port the implementation of their medi- cation-abortion readiness plans.
“The Senate has taken important steps to confront the threats posed reproductive and gender-affirming healthcare in our state posed by new, draconian laws being passed across the nation,” said state Sen. Michael Rodrigues, chair of the Senate Com- mittee on Ways and Means. “Though these changes are unprecedented, we in Massachusetts are continu- ing to demonstrate that we are pre-
provider did to make the interface accessible to individuals with disabili- ties; and asking the software provider if it attempted to determine if any algo- rithm used by the software disadvan- tages individuals with disabilities.
Employers should not expect the concerns raised by the EEOC over the use of software-based screening tools to stop at the ADA. Just weeks before the EEOC issued this guidance, the EEOC filed a lawsuit against iTutor- Group Inc., Shanghai Ping’An Intel- ligent Education Technology Co. Ltd., and Tutor Group Ltd., alleging that the companies’ online recruitment soft- ware was programmed to automati- cally reject female applicants over age 55 and male applicants over age 60 in violation of the Age Discrimination in Employment Act.
Given the growing use of software- based screening tools, it is imperative that employers thoroughly evaluate their own software and their vendor- provided software for any possible dis- criminatory bias and seek legal advice with regard to their evaluation when- ever appropriate. u
Amelia Holstrom is a partner with
the Springfield-based law firm Skoler Abbott, and Trevor Brice is an associate with Skoler Abbott; (413) 737-4753.
pared to defend the rights of all of our residents.”
In response to stories about women not receiving access to abortion care in Massachusetts currently allowed under the existing state law, an amendment was adopted to clarify the circum- stances that treating physicians must consider when determining whether to provide later-in-pregnancy abor- tion care. The amendment requires such determinations to be made by the treating physician and patient. To ensure hospitals are complying with the law, the amendment also requires healthcare facilities providing these services to file their procedures and processes for providing services con- sistent with the law with DPH.
Additional amendments would identify areas of the state with lim- ited abortion access to increase care
to those areas and allow pharmacists to prescribe and dispense hormonal contraceptive patches and self-admin- istered oral hormonal contraceptives. The bill implements a statewide stand- ing order to ensure that emergency contraception can be dispensed at any pharmacy in the Commonwealth.
In addition, the legislation requires the Group Insurance Commission and commercial health-insurance carri- ers to cover abortions and abortion- related care and ensure Massachusetts patients are not charged a cost-sharing amount, such as deductibles, co-
Making a difference
MAKES ALL THE DIFFERENCE
What does it mean to make a difference? It means giving back. Being a source of strength. Lending a hand. Putting people first. Turning dreams into success. Cheering on the home team. And always being there no matter what. At Country Bank, this isn’t just what we believe in, it’s what we were made for.
countrybank.com
BusinessWest
LAW
JULY 25, 2022 23
Law
Continued on page 45
10588_CBM_Branding_4.5x12_noEHL_Bus West_Ad Two.indd
1