Genetic Information Nondiscrimination Act

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Business News Digest – March 2014

In this issue: - Cybersecurity: Coming Soon to a Government Contract Near You - Recent National Defense Authorization Act Presents Opportunities for Small Business Contractors - Iran Sanctions Deal Does...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 Pains: GINA's Turning 6, and She's Learned How to Sue!

One of your employees (we'll call her "Gina") seems depressed, so you ask her "Is everything okay?" Gina responds that she's doing fine, considering that her father has diabetes. Ready to provide compassion and support, you...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

EEOC Settlement Reminds Employers That GINA Prohibits Requesting Family Medical History

?While the Genetic Information Nondiscrimination Act of 2008 (GINA) has proven to be the least-litigated of the federal anti-discrimination laws, a recent settlement obtained by the Equal Employment Opportunity Commission...more

Stoel Rives World of Employment's Top Predictions for 2014

As 2013 draws to a close, our Labor and Employment group put its collective head together to come up with our top predictions, from the cautious to the audacious, for what the new year will bring. Stay tuned in 2014 to see...more

On the 10th Day of Privacy, my employer gave to me …..

And, no — it was not a big fat bonus. On this 10th Day of Privacy, we look ahead at employment related privacy issues …. As use of social media and other technologies continue to raise serious employment-related...more

BYOD (Bring Your Own Device)... *Liability and Data Breach Sold Separately PPT Presentation

A majority of people recently surveyed believe that their cellphone is the first thing that gets noticed about them. With smartphones becoming a part of our identity and the convenience of carrying and using just one device,...more

BYOD (Bring Your Own Device)... *Liability and Data Breach Sold Separately  [Video]

A majority of people recently surveyed believe that their cellphone is the first thing that gets noticed about them. With smartphones becoming a part of our identity and the convenience of carrying and using just one device,...more

Employee Benefits Update: 2013 Year End Plan Tasks

As we approach the end of the year, employers and plan sponsors of qualified retirement plans and health and welfare plans should take time to meet various upcoming deadlines. Failure to comply with the deadlines may result...more

Workplace Wellness Programs

Recognizing that unhealthy lifestyles affect people of all ages, including those in the workforce, employers are using legally sanctioned incentives in an attempt to change behavior toward better and healthier choices through...more

Genes and Information: The Problem of Disease-specific Databases

One of the many untruthful positions taken by the ACLU in the AMP v. Myriad Genetics case was that DNA is merely information, like a computer program, and as such Myriad's patent claims were invalid as reciting...more

WANTED: EEOC Guidance On Wellness Plans Under The ACA

Employee wellness plans have been in the spotlight lately. This is because new wellness plan rules published in the Patient Protection and the Affordable Care Act (informally called Obamacare) are slated to take effect in...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

New HIPAA Deadline Around the Corner: Be Prepared!

Don’t look now, but another HIPAA deadline is just around the corner. As we noted last month, the deadline is looming for employer-sponsored health benefit plans to come into compliance with U.S. Department of Health...more

Omnibus HIPAA/HITECH Rules Require Changes to Notice of Privacy Practices Prior to September 23, 2013

Earlier this year, the Office for Civil Rights (OCR) in the Department of Health and Human Services (HHS) issued its long-awaited omnibus regulations that make significant modifications to the HIPAA Privacy, Security,...more

Nursing Homes Must Abide by HIPAA Rules When Disclosing Deceased Resident PHI

The Health Insurance Portability and Accountability Act (HIPAA) as amended by the Health Information Technology for Economic and Clinical Health Act (HITECH Act) contains the HIPAA Privacy and Security rules....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

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

HIPAA Healthcare Reform - Prompt Attention Needed to Address Upcoming 2013 Deadlines

2013 has already been a busy year for employers with group health plans who are trying to navigate the Affordable Care Act and its immediate implications for employee benefits. However, there are other, less talked about but...more

PPACA/HIPAA Wellness Programs and Rewards Final Regulations Issued

The Treasury Department, Department of Labor and Department of Health and Human Services issued final regulations on wellness programs and rewards for group health plans on May 29, 2013. The regulations implement provisions...more

Employment Law Blog: Settle One, File Another - The EEOC Enforces GINA

HIPAA addresses a wide array of issues relating to medical privacy. It now also addresses if your momma’s ugly and that might be passed on to you. In addition to privacy and security the HIPAA Omnibus regulations also...more

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