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From the Newsroom: EEOC’S New GINA Proposal

By Vanessa L. Goddard Last month, the EEOC issued a notice of proposed rulemaking that would extend existing recordkeeping requirements under Title VII and the Americans With Disabilities Act ("ADA") to employers covered by the Genetic Information Nondiscrimination Act of 2008 ("GINA"...

Reminder: Include GINA "Safe Harbor" Language in FMLA Forms

Employers with 50 or more employees in 20 or more workweeks in the current or preceding calendar year, including joint employers and successors to covered employers, must comply with the Family and Medical Leave Act ("FMLA"). The FMLA requires covered employers to comply with various notification...

Employment and Labor Roundup: Defense of Marriage Act decision, drugs, NLRB update, and more!

Giddyap! It's been a short week, but we have tons to talk about in the labor and employment law world! Thinking out loud about the impact of yesterday's DOMA decision on the Family and Medical Leave Act. The U.S. Court of Appeals for the First Circuit* held yesterday that Section 3 of the...

Angelina Jolie and Employment Law

By now, you've probably already heard about the biggest news in the world for the past day or so . . . Angelina Jolie's double masectomy . Why an apparently uneventful preventive surgery on an actress is the number one story in the world is a riddle I have yet to solve. I have, however, nailed...

EEOC Talks Employer Wellness Programs; Provides an ADA Q&A

Consistent with its strategic plan to provide up-to-date guidance on the requirements of antidiscrimination laws, last week, the United States Equal Employment Opportunity Commission issued this press release in which it announced that it had revised guidance on how the Americans with Disabilities...

Are These Medical Questions Illegal, or Not? Test Your Knowledge!

How much do you really know about the Genetic Information Nondiscrimination Act? Here's a quick quiz: Which of the following is an unlawful request for "genetic information"? "Our company requires a post-offer, pre-employment medical examination that includes a complete...

GINA Strikes Again

by Mark Jeffries A few months ago, we told you about the EEOC’s first lawsuit alleging a violation of the Genetic Information Nondiscrimination Act of 2008 (“GINA”). A week after settling that case, which was brought on behalf of an individual, the EEOC filed another complaint. In...

$2.25 Million GINA Verdict in the "Case of the Devious Defecator"

Yup, you read that right - an actual GINA case! Oh, and a giant verdict number and a bizarre poop reference... I'm just gonna let the judge's order from earlier in the case get you caught up [ an enhanced version of this opinion is available to lexis.com subscribers ] [ Lexis Advance version...

EEOC Issues Proposed GINA Rule for Wellness Programs

On Friday, the EEOC "issued a Notice of Proposed Rulemaking (NPRM) to amend the regulations implementing Title II of the Genetic Information Nondiscrimination Act (GINA) as they relate to employer wellness programs that are part of group health plans." Per the press release : EEOC's...