Genetic Discrimination

News & Analysis as of

The “Number Two” Reason on How to Avoid GINA Liability

It’s not often that it comes up, but at a recent presentation, I discussed the implications of the Genetic Information Nondiscrimination Act, 2008––“GINA”––with the audience. A slight digression is necessary: GINA, a...more

Canadian Employment News Series - June 2015

Employees and Independent Contractors: The Changing Nature of Employment - Organizations are increasingly retaining the services of individual contractors rather than hiring employees in order to increase the...more

Newly Revised Model FMLA Forms Are Now Available

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

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

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

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

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

DOL Issues New FMLA Forms

The Department of Labor has finally issued new FMLA forms. These forms (WH-380-E, WH-380-F, WH-381, WH-382, WH-384, WH-385, and WH-385V) may be accessed from the DOL’s website. The prior FMLA forms expired well before the new...more

DOL Publishes New FMLA Forms -- Good Through May 2018

Those sneaky little rascals! While the rest of us were enjoying our Memorial Day holiday, those crazy kids over at the Department of Labor were still working away. This time, they were busy posting the new model FMLA notices...more

EEOC Officials Field Pointed Questions During Senate Committee Hearing

The Equal Employment Opportunity Commission's enforcement strategies and ligation history came under fire from Republican members of the Senate Committee on Health, Education, Labor and Pensions on Tuesday. During the hearing...more

EEOC Issues Proposed Rule on Wellness Programs

The Equal Employment Opportunity Commission (EEOC) has released a proposed rule providing guidance on the application of the Americans with Disabilities Act (ADA) to employer-sponsored wellness programs. The issuance of the...more

Some Wellness Benefits are Taxable

My colleagues blogged on recent wellness guidance from the Equal Employment Opportunity Commission (EEOC) and the three agencies charged with enforcing the Affordable Care Act (ACA), the Department of Treasury, the Department...more

EEOC Sues BNV Home Care Agency for Violating Genetic Information Nondiscrimination Act

BNV Home Care Agency Unlawfully Asked for Genetic Information From Applicants and Employees, Federal Agency Charges - NEW YORK - BNV Home Care Agency, Inc., a New York City home care services agency which provides...more

$370,000 Paid by Employer Because Doctor Asked Applicant About Family History

Yes, it’s true. There’s not much more to it. An employer was busted by the Equal Employment Opportunity Commission for violating The Genetic Information Act (“GINA”) because a physician conducting a post-offer, pre-employment...more

Nexsen Pruet Employment Law Update - March 10, 2014: Should Employers "Get Physicial"?

Many employers require that applicants pass a pre-employment medical exam to ensure they are physically capable of doing the job. Employers should be aware that pre-employment medical exams, while not categorically barred,...more

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

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

Tell Me About Your Family. On Second Thought, Don’t Tell Me

Founders Pavilion, Inc., a skilled nursing facility, sent prospective employees for preemployment physicals. As part of the physicals, an independent physician requested the prospective employee’s family medical history as...more

Tell Me About Your Family. On Second Thought, Don't Tell Me

Founders Pavilion, Inc., a skilled nursing facility, sent prospective employees for preemployment physicals. As part of the physicals, an independent physician requested the prospective employee's family medical history as...more

Nursing Home Settles Genetic Information Discrimination Lawsuit

On January 13, 2014, the Equal Employment Opportunity Commission ("EEOC") announced the former operator of a nursing home and rehabilitation center in Corning, New York had agreed to pay $370,000 to settle a lawsuit filed by...more

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

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

EEOC Sues Abatti Group for Disability, Genetic Information Discrimination

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

Employers Must Abide By GINA Regulations When Providing Health Screenings

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

Medical Discrimination And The Law

Imagine that you have just found out that you have a serious illness; there are a number of thoughts running through your mind. One of them is “What about work?” ...more

EEOC Attacks Post-Offer Medical Exams in GINA Lawsuits

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

Labor & Employment E-Note - June 13, 2013

In This Issue: - Supreme Court May Hear Case of Union Picketers on Private Property - Republicans Prepare for Fight Over Immigration Legislation - E-Verify System Could be Harming Some Legal Workers - Study...more

Rise of the Genome

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

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

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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