Employment Law Alert - November 2010


In This Issue:

Final Regulations Published for Genetic Information Non- Discrimination Act By: Jeffrey M. Schlossberg

As described in RMF's May 2008 Employment Alert, the Genetic Information Nondiscrimination Act (GINA) was passed in May 2008 and became effective on November 21, 2009. GINA makes it unlawful for an employer to discriminate against an individual based on genetic information. GINA also prohibits employers from requesting or requiring genetic information except in limited circumstances such as in medical certifications under the Family and Medical Leave Act (FMLA), or as provided under the Americans With Disabilities Act and similar state laws.....

NLRB Claims Facebook-Related Termination Improper

According to the National Labor Relations Board (NLRB), an employer's termination of an employee who posted negative remarks about her supervisor on her Facebook page is in violation of the federal National Labor Relations Act. The employee's initial comments drew supportive responses from co workers that resulted in the employee posting additional negative comments. According to the NLRB, the employee's postings were protected concerted activity. The company contends that the offensive comments are not protected. Federal law prohibits interference with employees' exercise of their right to engage in concerted protected activity such as discussing wages and other terms and conditions of employment among co-workers......

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