News & Analysis as of

Genetic Information Nondiscrimination Act Medical Examinations

Constangy, Brooks, Smith & Prophete, LLP

Employers, don't get tripped up in this "GINA" trap

Asking about family history is usually illegal. Oh. My. Gosh. United Airlines required post-offer medical examinations for its new hires. Nothing wrong with that -- it's specifically allowed under the Americans with...more

Constangy, Brooks, Smith & Prophete, LLP

ADA challenge to wellness incentives stays alive

Employers, take warning! A federal judge in Illinois refused this week to dismiss a class action lawsuit brought under the Americans with Disabilities Act based on a "voluntary" wellness program. Employers should review...more

U.S. Equal Employment Opportunity Commission...

Dollar General to Pay $1 Million to Settle EEOC Disability and Gina Lawsuit

Retail Chain Violated the Americans with Disabilities Act and the Genetic Information Non-Discrimination Act in Hiring Process - BIRMINGHAM, Ala. –Variety store retailer Dolgencorp, LLC, doing business as Dollar General,...more

Akerman LLP - HR Defense

When Can An Employer Require Fitness-For-Duty Exams?

Employers with fitness-for-duty exam requirements for employees returning from medical leaves should take note of a recent decision by a federal court in Massachusetts. In that case, the Court considered whether requiring...more

Jackson Lewis P.C.

Incentives: From Water Bottles To “Not So Substantial”

Jackson Lewis P.C. on

For years (and we do mean years), the EEOC has waffled about whether incentives were permissible in connection with a medical inquiry under a voluntary wellness program. Friday, the EEOC issued its most recent pronouncement...more

Husch Blackwell LLP

New Proposed EEOC Regulations Pose Potential Hurdles On Common Wellness Incentives - UPDATED March 2021

Husch Blackwell LLP on

Update: The Alert below discuses wellness rules proposed by the Equal Employment Opportunity Commission (EEOC) under the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act. Those proposed...more

Husch Blackwell LLP

New Proposed EEOC Regulations Pose Potential Hurdles On Common Wellness Incentives - UPDATED February 2021

Husch Blackwell LLP on

On January 7, the Equal Employment Opportunity Commission (EEOC) issued proposed wellness program rules. If the proposed rules become effective, they will significantly restrict the ability of employers to provide incentives...more

Miles & Stockbridge P.C.

EEOC Releases Guidance for Employers on COVID-19 Vaccinations

Miles & Stockbridge P.C. on

As news of a COVID-19 vaccine increased during the late fall, employers were anxiously awaiting EEOC guidance as to whether they could require employees to get vaccinated. While it will be several more months before the...more

Miller Canfield

COVID-19 Vaccinations: Legal Considerations for Employers

Miller Canfield on

With the recent approval for emergency usage of the COVID-19 vaccine in the United States, employers may consider mandating or administering COVID-19 vaccinations when they become available for workplace safety reasons or...more

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

EEOC Issues Revised Guidance Addressing COVID-19 Vaccines

On December 16, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) issued revised COVID-19 guidance addressing questions related to the administration of COVID-19 vaccinations to employees. Section K of the...more

Proskauer - Law and the Workplace

EEOC Updates Its COVID-19 Guidance (Again)

On September 8, 2020, the EEOC released an updated technical assistance document addressing COVID-19 and the federal anti-discrimination laws enforced by the agency, including the Americans with Disabilities Act (“ADA”). Our...more

U.S. Equal Employment Opportunity Commission...

SMS Group to Pay up to $62,000 to Resolve EEOC Discrimination Finding

SMS Group Must Refrain from Requesting or Requiring Disclosure of Genetic Information - INDIANAPOLIS - SMS Group Inc., formerly known as SMS Technical Services, LLC and SMS Millcraft LLC, headquartered in Cranberry...more

Constangy, Brooks, Smith & Prophete, LLP

Medical Inquiries And The ADA

Here are seven things that every employer should know. The Americans with Disabilities Act has been law since 1992, and the rules regarding medical inquiries for applicants and employees have not changed much since that...more

Foley & Lardner LLP

What Now for Wellness?

Foley & Lardner LLP on

If you’re an employer trying to sponsor a wellness program for 2019, then the recent kerfuffle between the AARP and the Equal Employment Opportunity Commission (EEOC) affects you. The AARP has challenged the EEOC’s...more

Conn Maciel Carey LLP

Employers Must Consider the ADA Before Requiring Medical Examinations

Conn Maciel Carey LLP on

Depending on your industry, it may be commonplace for you as an employer to require medical examinations of employees for a specific purpose in order to ensure the safety and health of those employees. This often occurs, for...more

Jackson Lewis P.C.

Top 5 Tips For Conducting Pre-Employment Medical Exams

Jackson Lewis P.C. on

In a recently filed lawsuit, the U.S. Equal Employment Opportunity Commission contends that Consolidated Edison Co. (“Con Ed”) violated the Americans with Disabilities Act (“ADA”) and the Genetic Information...more

McAfee & Taft

EEOC alleges medical exams and questionnaires violate ADA, GINA

McAfee & Taft on

The Americans with Disabilities Act (ADA) limits an employer’s ability to make disability-related inquiries or subject individuals to medical exams. No such inquiries or exams may be made until an offer of employment is made....more

Epstein Becker & Green

EEOC’s Wellness Program Incentive Regulations Rejected by the District Court

Epstein Becker & Green on

On August 22, 2017, the U.S. District Court for the District of Columbia held that the U.S. Equal Employment Opportunity Commission’s (“EEOC”) regulations defining what incentives an employer may use to promote participation...more

Dechert LLP

EEOC, DOL, HHS and IRS Weigh-In on Employer-Sponsored Wellness Programs – Is Your Program Compliant?

Dechert LLP on

Wellness programs are trending in the U.S., especially with employers looking for ways to encourage and promote healthy lifestyles for their employees and to reduce the cost of their self-insured group health plan. Regardless...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - June 2016

Proskauer Rose LLP on

Editor's Overview - In this month’s newsletter, our colleagues focus on two sets of legislative updates. First is a discussion of the IRS’s proposed Treasury Regulations prescribing rules under Section 457 of the...more

King & Spalding

EEOC Unveils Final Rules for Employer Wellness Programs

King & Spalding on

On May 17, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued two rules specifying how employer-sponsored wellness plans can comply with the Genetic Information Nondiscrimination Act (GINA) and the Americans...more

Nossaman LLP

Did You Know … Employers May Provide Limited Incentives to Encourage Participation in Workplace Wellness Programs under EEOC's...

Nossaman LLP on

On May 17, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued two final rules relating to how employer-sponsored wellness programs may comply with the Americans with Disabilities Act (ADA) and the Genetic...more

Miller Canfield

EEOC Issues Final Rules on Employer Wellness Programs; Clarifies Position on Incentive Caps, Confidentiality and ADA’s “Safe...

Miller Canfield on

On May 16, 2016, the Equal Employment Opportunity Commission (“EEOC”) issued two final rules regarding employer wellness plans, the first to amend existing regulations under the Genetic Information and Non-Discrimination Act...more

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

EEOC Issues Final Rules on Employer Wellness Programs

On May 16, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued final rules on employer-sponsored wellness programs. The final rules clarify the EEOC’s position on wellness plan compliance with the Americans...more

U.S. Equal Employment Opportunity Commission...

Joy Mining Machinery Settles EEOC Genetic Information Non-Discrimination Act Lawsuit

Mining Equipment Manufacturer Will Refrain From Requesting, Requiring or Purchasing Genetic Information - PITTSBURGH - Joy Underground Mining, LLC, trading as Joy Mining Machinery, will provide significant relief to...more

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