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Discrimination › Genetic Discrimination

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
Pierce Atwood LLP

Workplace Wellness Program Incentives Under Fire - Again

Pierce Atwood LLP on

For years, employers have been trying to find the right incentives for employees to embrace wellness programs. If incentives are too meager, employees are not likely to participate. If they are weighted too heavily in favor...more

Troutman Pepper

EEOC’s Wellness Program Rules in Doubt

Troutman Pepper on

Q.  Are the EEOC’s Wellness Program rules still valid? A.  The ADA and the Genetic Information Nondiscrimination Act both permit an employer to seek medical information as part of a wellness program if the employee...more

Seyfarth Shaw LLP

Court Directs EEOC to Reconsider Wellness Rules, Leaves Current Rules in Effect

Seyfarth Shaw LLP on

On Tuesday, August 22, the US District Court for the District of Columbia ordered the EEOC to revisit its controversial rules placing certain limits on employer-sponsored wellness programs under the Americans with...more

Bradley Arant Boult Cummings LLP

Well, Well, Wellness: DC Court Strikes Down EEOC Rules on Corporate Wellness Programs

Bradley Arant Boult Cummings LLP on

When is a financial incentive in an employee-sponsored wellness program so high that employees can’t afford not to participate—rendering the program no longer voluntary? Well (pun intended), the District Court for the...more

Littler

EEOC Must Reconsider its Wellness Regulations

Littler on

The U.S. District Court for the District of Columbia invalidated the EEOC’s final regulations on the operation of voluntary wellness programs under the Americans with Disabilities Act (ADA) and the Genetic Information...more

Seyfarth Shaw LLP

Scary as Dinosaurs: California’s Genetic Information Discrimination Code

Seyfarth Shaw LLP on

Seyfarth Synopsis: Genetic discrimination lawsuits can result in substantial costs. California employers should regularly review their hiring and employment policies and procedures to ensure that they are not exposing...more

Akerman LLP - HR Defense

Proposed Employee Wellness Legislation Might Undermine Protections of GINA

Akerman LLP - HR Defense on

Employees who don’t want to disclose genetic information about themselves and their families to their employers may have to pay a stiff price for that privacy in the future. The Preserving Employee Wellness Programs Act (H.R....more

Robinson+Cole Data Privacy + Security Insider

House Bill Would Allow Employers to Require and Access Genetic Testing Results

Robinson+Cole Data Privacy + Security Insider on

House bill HR 1313, introduced by Representative Virginia Foxx (R.N.C.), proposes to allow companies to require employees to undergo genetic testing, then allow employers to see the results, and impose financial penalties on...more

Troutman Pepper

The EEOC's View of Wellness Programs

Troutman Pepper on

The EEOC’s regulations allayed many concerns over the permissible level of incentives/penalties, as well as the challenge of dealing with inconsistent requirements under the various laws. Originally published in The HR...more

Baker Donelson

Newly Revised Model FMLA Forms Are Now Available

Baker Donelson on

With little fanfare and no advance notice, the Department of Labor (DOL) has posted new model Family Medical Leave Act (FMLA) forms. The previous model FMLA forms expired on February 28, 2015 (note the expiration date in the...more

Littler

DOL Issues Updated FMLA Notices and Forms Addressing GINA "Safe Harbor" Language Requirements

Littler on

The U.S. Department of Labor (DOL) recently issued new versions of the agency's template Family and Medical Leave Act (FMLA) notices and certification forms, which have been approved for use for the next three years.  The new...more

Holland & Knight LLP

DOL Releases Updated FMLA Health Care Provider Certification Forms - Employers: Begin Using the New Forms Immediately; Note the...

Holland & Knight LLP on

The U.S. Department of Labor (DOL) recently published updated health care provider certification forms for employers to provide employees who request leave under the Family and Medical Leave Act (FMLA) due to any one of the...more

Bond Schoeneck & King PLLC

Labor and Employment: EEOC Settles GINA Discrimination Lawsuit with New York Employer

Bond Schoeneck & King PLLC on

On January 13, 2014, the Equal Employment Opportunity Commission (EEOC) announced it had reached a settlement with Founders Pavilion, Inc. (Founders), a former nursing and rehabilitation center located in Corning, New York....more

U.S. Equal Employment Opportunity Commission...

Founders Pavilion Will Pay $370,000 to Settle EEOC Genetic Information Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on

Nursing and Rehabilitation Center Asked for Genetic Information from Employees, Federal Agency Charged - NEW YORK - Founders Pavilion, Inc., a former Corning, N.Y. nursing and rehabilitation center, will pay $370,000...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Abatti Group for Disability, Genetic Information Discrimination

U.S. Equal Employment Opportunity Commission... on

Agricultural Firm Required Illegal Medical Exams & Family Medical History Inquiries, Denying a Job to an Applicant Thought to be Disabled, Federal Agency Charges - EL CENTRO, Calif. -The Abatti Group and its...more

BakerHostetler

Employers Must Abide By GINA Regulations When Providing Health Screenings

BakerHostetler on

Workplace health and wellness programs are becoming increasingly popular throughout the country, and this is not surprising at all, given how beneficial such programs can be for both employers and employees....more

Sherman & Howard L.L.C.

EEOC Attacks Post-Offer Medical Exams in GINA Lawsuits

Sherman & Howard L.L.C. on

The EEOC filed in May its first ever lawsuits alleging violations of the Genetic Information Nondiscrimination Act (GINA), both of which alleged that the employer violated GINA by including questions about family medical...more

Proskauer on Privacy

Rise of the Genome

Proskauer on Privacy on

We pack tons of personal and sensitive information in our DNA. While the human genome has been mapped for a decade, legal issues of genetic privacy are just beginning to rise. Earlier this month, the U.S. Supreme Court...more

Littler

Proposed Regulations Under Federal Genetic Information Nondiscrimination Act (GINA) Suggest Employer Action Now

Littler on

The EEOC has issued proposed regulations interpreting the Genetic Information Nondiscrimination Act of 2008 (GINA) that is scheduled to be effective November 21, 2009, for employers with 15 or more employees. The proposed...more

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