GINA

EEOC Suing Employers Under Genetic Information Nondiscrimination Act

by Douglas Mishkin | Patton Boggs LLP on 5/24/2013

In the first half of May, the U.S. Equal Employment Opportunity Commission (“EEOC”) filed its first-ever lawsuits against employers under the Genetic Information Nondiscrimination Act of 2008 (“GINA”). The GINA, which took...more

Employment Law -- May 22, 2013

by Manatt, Phelps & Phillips, LLP on 5/23/2013

Welcome to the first installment of our bi-monthly employment newsletter. Every two weeks we will highlight recent court decisions and upcoming legislation that impact California employers. We hope you will find the content...more

Don't Forget About GINA

by Miller & Martin PLLC on 5/17/2013

In the midst of trying to keep straight all employer responsibilities, obligations, and pitfalls under the ADA and the FMLA, as well as a plethora of other federal and state laws, the EEOC's simultaneous filing and settlement...more

EEOC Is Making Good On Its Promise To Persecute Genetic Discrimination

by Melissa A. Silver | XpertHR - Partnered with LexisNexis on 5/17/2013

The Equal Employment Opportunity Commission (EEOC) has reached a settlement in its first lawsuit filed alleging that an employer violated the Genetic Information Nondiscrimination Act (GINA), the federal law that prohibits...more

EEOC Files Class Genetic Information Discrimination Suit Against Corning Rehab Center

by U.S. Equal Employment Opportunity Commission... on 5/17/2013

Founders Pavilion Violated Federal Law by Asking for Genetic Information From Applicants and Employees, Federal Agency Charges - NEW YORK - The Founders Pavilion, Inc., a Corning, N.Y., nursing and rehabilitation...more

EEOC Has Settled its First Lawsuit Filed Alleging Genetic Discrimination

by Baker, Donelson, Bearman, Caldwell &... on 5/15/2013

On May 7, 2013, the Equal Employment Opportunity Commission (EEOC) announced that it has settled its first lawsuit filed alleging that an employer violated the Genetic Information Nondiscrimination Act (GINA)....more

Settling Its First Genetic Information Nondiscrimination Act (GINA) Lawsuit, EEOC Acts on Priority

by YiLing Chen-Josephson, Lisa E. Cleary, Adam Pinto, Catherine A. Williams | Patterson Belknap Webb & Tyler LLP on 5/15/2013

The Equal Employment Opportunity Commission (EEOC) announced last week that it had settled its first lawsuit alleging violations of the Genetic Information Nondiscrimination Act (GINA). GINA, which was passed by Congress in...more

EEOC's First GINA Suit Serves As Reminder of Pre-Employment Exam Pitfall

by Fredric Leffler, Marc Mandelman, Katharine Parker, Leslie Silverman, Allan Weitzman | Proskauer Rose LLP on 5/14/2013

On May 7, 2013, the U.S. Equal Employment Opportunity Commission ("EEOC") reached a milestone of sorts as it filed – and then settled – its first complaint ever alleging genetic discrimination under the Genetic Information...more

EEOC Signals Increased Focus on Employer-Sponsored Wellness Programs

by Martha J. Zackin | Mintz Levin - Employment, Labor & Benefits on 5/9/2013

A majority of US employers offer some sort of wellness program designed to reduce the cost of health insurance and healthcare costs, and to improve the health and well-being of employees. However, unless care is taken, even...more

Employer Wellness Programs Need Guidance to Avoid Discrimination

by U.S. Equal Employment Opportunity Commission... on 5/9/2013

Panel of Experts Tells EEOC of Need to Clarify Interplay Between Programs, Anti-Discrimination Laws - WASHINGTON-Wellness programs are an increasingly common feature of employee benefits programs, and guidance is...more

New FMLA Regulations Become Effective March 8, 2013

by James Brown, Marc Koonin | Sedgwick LLP on 4/8/2013

The Family and Medical Leave Act (FMLA) turned 20 this year. Many employers have finally come to terms with the major revisions to the FMLA regulations issued on November 17, 2008, which became effective on January 16, 2009....more

Restaurant Industry Newsletter - April 2013: Help! I just received a Charge of Discrimination from the EEOC. What is it, and what...

by Todd Aidman | FordHarrison on 4/5/2013

If you just received a charge of discrimination from the Equal Employment Opportunity Commission ("EEOC"), you are not alone. During the EEOC's 2012 fiscal year, 99,412 charges of discrimination were filed. ...more

Are You Considering Conditioning A Job Offer On An Agreement That The Applicant's Disabled Dependent Won't Enroll In The Health...

by Beth Alcalde | Akerman Senterfitt on 4/3/2013

Traditional employment laws often interact with traditional employee benefit laws. One such example is the Americans with Disabilities Act (ADA)'s impact on employer-sponsored group health plans. As group health plan costs...more

HITECH and HIPAA: The Final Rule

by Joshua Freemire, Sarah E. Swank, James Wieland | Ober|Kaler on 3/14/2013

The final rule implementing new obligations under HITECH and changing obligations under HIPAA is finally out. Covered entities and business associates need to come into compliance with these requirements by September 23,...more

New FMLA Regulations Effective Today - March 8, 2013

by Kimberly Malerba | Ruskin Moscou Faltischek on 3/11/2013

Last month the DOL issued a Final Rule, which takes effect today, March 8, 2013. While the new regulations may not impact the routine administration of the FMLA for many employers, all employers are required to begin using...more

New HIPAA Regulations Require Action by Group Health Plans

by Amy Gordon, Jamie Weyeneth | McDermott Will & Emery on 3/8/2013

Final HIPAA privacy and security regulations issued by the U.S. Department of Health and Human services will require action by group health plan sponsors by September 2013....more

Highlights of the Omnibus HIPAA/HITECH Final Rule

by Robert Chu, William Conaboy, Gregory Fliszar, Katherine Layman, Judy Mayer | Cozen O'Connor on 3/7/2013

On January 25, 2013, the Office of Civil Rights (OCR) of the Department of Health & Human Services (HHS) published the long-awaited omnibus final regulation governing health data privacy, security and enforcement (Omnibus...more

Family Medical Leave Act: Important Changes Take Effect March 8

by Glenn Israel | Bernstein Shur on 3/6/2013

New Department of Labor regulations that go into effect on Friday, March 8, 2013, make a number of small but important changes to the Family Medical Leave Act landscape. One change that will affect employers is the...more

The HIPAA “Omnibus” Final Rule Part II - Revisions to Business Associate Definition, Liability and Obligations, Certain Individual...

by Brian Balow, Rodney Butler, Cynthia Moore | Dickinson Wright on 3/1/2013

The United States Department of Health and Human Services (the “Department” or “HHS”) issued the “Omnibus” Final Rule (the “Final Rule”) on January 17th, 2013. The Final Rule contains long-awaited rules and clarifications...more

Employment And Labor Alert: FMLA Changes Go Into Effect Next Friday, March 8

by Kristin Berger Parker, Matthew Tews | Leonard, Street and Deinard on 3/1/2013

The U.S. Department of Labor (DOL) recently issued new Family and Medical Leave Act (FMLA) regulations that go into effect on March 8, 2013. These regulations include revisions to the required postings and optional use forms,...more

Special Edition: Health Law Update - February 28, 2013

by Anne Foster, Cory Fox, Susan Whittaker Hughes, Theodore Kobus III, Jennifer Mills, John Mulhollan, Lynn Sessions, Kimberly M. Wong | BakerHostetler on 3/1/2013

In This Issue: - A Baker's Dozen of Significant Changes From the HIPAA/HITECH Rule 1. Business Associates and Subcontractors 2. Breach Notification 3. Covered Entity Organizational Structures 4. Cloud...more

Employers Must Begin Using Updated FMLA Forms And Poster Starting March 8, 2013

by Jeff Nowak | Franczek Radelet P.C. on 2/28/2013

Earlier this month, the Department of Labor issued final new rules regarding the amendments to military family leave, flight crew eligibility and a handful of other relatively minor issues. ...more

Taking a Look at the Latest on Affordable Care Act

by Erin Jones Adams, Eric E. Kinder | Spilman Thomas & Battle, PLLC on 2/27/2013

Employers nationally continue to struggle with how to respond and adapt to the ever-changing landscape that is the Patient Protection and Affordable Care Act (often known as ObamaCare or the ACA). We at Spilman Thomas &...more

Lean Mean Civil Rights Machine: What to Expect from the EEOC through 2016

by Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/26/2013

In an informative panel for the Ogletree Deakins Washington, D.C. Legislative and Regulatory Conference on February 21, 2013, Equal Employment Opportunity Commission (EEOC) Commissioners Chai Feldblum and Victoria Lipnic...more

New HIPAA Rules Regarding Genetic Information Affect Employers, Group Health Plans, Health Insurers and Healthcare Providers

by Lisa Clark, Harry Silver | Duane Morris LLP on 2/26/2013

Genetic Information Under HIPAA - While the final rule supplementing and modifying the Health Insurance Portability and Accountability Act (HIPAA) Privacy, Security, Breach Reporting and Enforcement Rules—78 Fed. Reg....more

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