Employment & Labor Insider

Employment & Labor Insider

Legalese is not spoken here

Category Archives: Genetic Information Non-Discrimination Act

Subscribe to Genetic Information Non-Discrimination Act RSS Feed

Employers, you’ll never pooh-pooh the GINA again.

Posted in Genetic Information Non-Discrimination Act, GINA
The following is a scatological post, so grab a stool, have a seat, and listen up! (Or get a magazine.) On Monday, a federal jury in Atlanta awarded two hourly warehouse workers $2.2 million in a lawsuit brought under the Genetic Information Nondiscrimination Act. The controversy started when Atlas Logistics Group Retail Services, a grocery distributor, had a problem… Continue Reading

Hey – that EEOC wellness rule isn’t half bad

Posted in Affordable Care Act, Americans with Disabilities Act, Discrimination, Genetic Information Non-Discrimination Act, GINA, Retaliation
NOTE: As I breathlessly reported last week, the EEOC has issued its long-awaited proposed rule on employer wellness programs and the Americans with Disabilities Act. (Here is a nicer copy than the one that was available then.) Brian Magargle, who knows a lot more than I do about the Health Insurance Portability and Accountability Act and the Affordable Care… Continue Reading

BREAKING!!!! EEOC issues proposed “wellness” regs

Posted in Americans with Disabilities Act, Genetic Information Non-Discrimination Act, GINA
Law360 just reported that the EEOC has issued its long-awaited proposed rule on wellness programs and the Americans with Disabilities Act. The official version will be published Monday in the Federal Register. I am out today and tomorrow to present some seminars, but I will have a full post on this as soon as I’ve had… Continue Reading

Hang tight, employers — EEOC’s proposed Wellness Rule is at the OMB

Posted in Affordable Care Act, Americans with Disabilities Act, Genetic Information Non-Discrimination Act, GINA
The EEOC’s much-awaited proposed rule on employer wellness programs, the Americans with Disabilities Act, and the Genetic Information Nondiscrimination Act may finally be on its way. According to Law360, a proposed rule has been approved 4-1 by the Commission, and is being reviewed by the Office of Management and Budget as we speak. Once approved by the… Continue Reading

EEOC promises guidance on wellness programs in February

Posted in Affordable Care Act, Americans with Disabilities Act, Genetic Information Non-Discrimination Act, GINA
Good news! The Equal Employment Opportunity Commission recently announced in its 2015 regulatory agenda that it will be issuing proposed regulations on the impact of the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act on wellness programs. The proposed regs are expected in February. To read about the continuing saga of the ADA/GINA… Continue Reading

BREAKING: EEOC seeks court order to halt Honeywell’s biometric testing

Posted in Americans with Disabilities Act, Genetic Information Non-Discrimination Act
UPDATED 10/29/14 and 11/7/14 (see below). Thanks to Kate Bischoff of The Employment Law Navigator for bringing this to our attention. The Equal Employment Opportunity Commission filed a petition yesterday in federal court in Minnesota to stop Honeywell International, Inc., from requiring that employees (and spouses, if the employees have family health insurance coverage) either get… Continue Reading

The EEOC has been a busy bee this week. (It stings!)

Posted in Americans with Disabilities Act, Class actions, Discrimination, Employment Law Blog Carnival, Genetic Information Non-Discrimination Act, GINA, Harassment, Pregnancy, Settlements
The Equal Employment Opportunity Commission has been on a tear this week, suing employers right and left, and getting some “wins” including a couple of big settlements . . . Train-wreck boss. The U.S. Court of Appeals for the Fifth Circuit (Louisiana, Mississippi, and Texas) vacated a summary judgment decision for a Tex-Mex restaurant franchisor… Continue Reading

Guidance on employer incentives for wellness participation is on the way, says EEOC

Posted in Americans with Disabilities Act, Genetic Information Non-Discrimination Act, GINA
Hallelujah! The Equal Employment Opportunity Commission announced this week that it plans to issue guidance on employers’ ability to offer incentives to employees based on their participation in wellness programs, or whether they provide information in response to health risk assessments. I’ve blogged about this issue in the past — here, here, here, and here. There… Continue Reading

Happy *hic* New Year! 2011 labor and employment law year in review

Posted in Affirmative Action, Americans with Disabilities Act, Class actions, Discrimination, Genetic Information Non-Discrimination Act, GINA, Harassment, Independent Contractor, Labor Relations, Protected Concerted Activity, Retaliation, Social media, Wage-Hour
Here is a whimsical and moderately amusing catalog of the major employment and labor law developments from 2011. (I just heard that the world really isn't going to end on 12/21/12. What's with that? You mean we have to do this again next year?)… Continue Reading

Is it ok under the ADA and the GINA to offer wellness incentives? The EEOC explains it all for you

Posted in Americans with Disabilities Act, Discrimination, Genetic Information Non-Discrimination Act, GINA
Is it legal to bribe your employees to be healthy? Wouldn't that violate the Americans with Disabilities Act, or the Genetic Information Nondiscrimination Act, or something? A recently-released opinion letter from the legal counsel for the Equal Employment Opportunity Commission addresses these questions.… Continue Reading

The ADAAA, the ADA, and the Genetic Information Non-Discrimination Act

Posted in Americans with Disabilities Act, Discrimination, Genetic Information Non-Discrimination Act, GINA, HIPAA Privacy
We were told that we needed the Genetic Information Non-Discrimination Act because the ADA didn't protect employees' genetic information. However, there is a great deal of overlap, although the laws have different purposes. Here's my attempt at putting the ADA, the ADAAA, and the GINA together.… Continue Reading