News & Analysis as of

Genetic Information Nondiscrimination Act Genetic Testing

Constangy, Brooks, Smith & Prophete, LLP

Can GIPA be the new BIPA?

There’s a new wave of class action lawsuits hitting Illinois employers, based on a law that has been under the radar for more than 25 years: The Genetic Information Privacy Act, also known as GIPA. Passed in 1998, GIPA...more

Jackson Lewis P.C.

Privacy Versus Cyber – What is the Bigger Risk?

Jackson Lewis P.C. on

“Cybersecurity” has emerged as one of top risks facing organizations. Considering the steady stream of massive data breaches affecting millions (sometimes billions), the debilitating effects of ransomware on an organization’s...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employers Face New Area of Potential Liability in Genetic Information Privacy Claims

Employers are facing new potential legal risks under the federal Genetic Information Nondiscrimination Act of 2008 (GINA) and the Illinois Genetic Information Privacy Act (GIPA) over inquiries in routine employment physicals...more

Foley & Lardner LLP

First Biometrics, Now Genetics: Is GIPA the Next BIPA for Employers to Worry About?

Foley & Lardner LLP on

Most employers operating in Illinois are (or should be) aware of Illinois' stringent Biometric Information Protection Act (BIPA). As we have written about previously, BIPA’s requirements are exacting, and BIPA plaintiffs do...more

Jackson Lewis P.C.

Louisiana Legislature Passes Law Requiring Employers to Give Time Off for Genetic Testing and Cancer Screening

Jackson Lewis P.C. on

A new Louisiana law goes into effect on August 1, 2023 requiring employers to provide time off from work for genetic testing and cancer screening. Employer Requirements- The new act requires employers in Louisiana to...more

Fenwick & West LLP

Seventh Circuit Says All-Stock Acquisition — Without More — Does Not Trigger Liability Under Illinois’ Genetic Information Privacy...

Fenwick & West LLP on

On May 1, 2023, the U.S. Court of Appeals for the Seventh Circuit affirmed the dismissal of a putative class action alleging violations of the Illinois Genetic Information Privacy Act (GIPA) against the asset management firm...more

Jackson Lewis P.C.

You Have Heard Of The BIPA, But What About The GIPA?

Jackson Lewis P.C. on

Enacted in 2008, the Illinois Biometric Information Privacy Act, 740 ILCS 14 et seq. (the “BIPA”), went largely unnoticed until a few years ago when a handful of cases sparked a flood of class action litigation over the...more

Bradley Arant Boult Cummings LLP

Taking a Look Back: How Employment Law Issues Entering 2010 Impacted the Past Decade - Labor & Employment Newsletter

As the calendar has turned not only to a new year, but also to a new decade, many commentators have offered predictions on employment law issues that will impact the next 10 years. We thought it might be interesting to take a...more

Foley & Lardner LLP

PMC Releases "A Consumers Guide to Genetic Health Testing"

Foley & Lardner LLP on

The Personalized Medicine Coalition, or the “PMC” is an organization of over 250 members that seeks to promote the understanding and adoption of personalized or precision medicine concepts, services, and products by health...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #176 – Sharing Your Genetic Information With Private Companies

I had very interesting conversations with both of my classes in the last week over the sharing of genetic information in the context of learning about the Genetic Information Non-Discrimination Act (GINA)....more

Carlton Fields

How State and Federal Laws Are Addressing the Use of Direct-to-Consumer Genetic Testing by Insurance

Carlton Fields on

While life insurers traditionally have set premiums based on a multitude of complex actuarial tables, the recent boom in direct-to-consumer DNA testing produces, such as 23andMe and AncestryDNA, is expanding the universe of...more

Bradley Arant Boult Cummings LLP

The Uncertain Legal Intersection of Genetic Tests and Life Insurance

The growth of direct-to-consumer DNA kits is a big deal with significant ramifications for the life insurance industry. Direct-to-consumer DNA kits, commonly used to track ancestry roots, increasingly allow individuals to...more

Fisher Phillips

Checking In On GINA: Revisiting the EEOC’s Rules on the Genetic Information Nondiscrimination Act

Fisher Phillips on

On May 16, 2016, the Equal Employment Opportunity Commission (“EEOC”) issued regulations governing the treatment of wellness programs under the Genetic Information Nondiscrimination Act (“GINA”), as well as under the...more

Robinson+Cole Data Privacy + Security Insider

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

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

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #38 – Genetic Privacy and the Use of Genomic Information

Genetic information is basically one’s DNA sequence, which includes health information and genetic information about the individual and their family. It is at the core of one’s individual privacy, as well as providing...more

Fisher Phillips

The Case Of GINA And The "Devious Defecator"

Fisher Phillips on

In a case dubbed “the mystery of the devious defecator” by a Georgia federal district judge, an Atlanta jury recently awarded a $2.2 million verdict against a company that requested DNA samples from two workers in an attempt...more

Foley & Lardner LLP

Sometimes You Just Cannot Make This Stuff Up

Foley & Lardner LLP on

Warning: The following is true. Some readers may find the content disturbing. Reader discretion is advised. We have previously stated, although in somewhat tongue-in-cheek fashion, that labor and employment is the “TMZ”...more

Snell & Wilmer

Legal Alert - Updated FMLA Forms Issued by the DOL

Snell & Wilmer on

This week, the U.S. Department of Labor (DOL) issued its new Family and Medical Leave Act (FMLA) forms, updating the previous forms which had expired on February 28, 2015. The new FMLA forms can be found on the DOL’s website....more

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