Employment & Labor Insider

Employment & Labor Insider

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Category Archives: GINA

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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

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

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

Posted in Americans with Disabilities Act, Discrimination, Family and Medical Leave Act, GINA, Labor Relations, Protected Concerted Activity, Social media
How will the Defense of Marriage Act decision affect spousal FMLA leave? Also recent decisions involving the ADA and GINA, doings at the NLRB, and innovations to get around drug laws and drug tests. We have it all!… Continue Reading

Employment law leftovers: Best of 2011, what’s up for 2012, and resolutions

Posted in Americans with Disabilities Act, Discrimination, GINA, Harassment, Independent Contractor, Labor Relations, Retaliation, Social media, Wage-Hour
I always think the leftovers from a holiday meal are the best part, don't you? Here are some yummy New Year's "leftovers" from the HR and employment law blogworld, followed by suggested New Year's resolutions for employers and employees so that we'll be fit and frisky for … 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

Workplace (aka “fake”) spouses — a lot of hype, but here’s how to avoid problems.

Posted in Discrimination, Family and Medical Leave Act, GINA, Harassment
This February, there was a lot in the news about "workplace spouses." My own opinion is that the "workplace spouse" phenomenon is an overhyped way to put a new spin on the very old problem of sexual attraction in the workplace. (Sexual harassment and workplace dating are so '90's.)… Continue Reading

“Use Good Judgment” and “Follow the Golden Rule” just don’t cut it in today’s legal climate

Posted in GINA, Harassment
Bruce Carton of Legal Blog Watch (via Overlawyered.com) notes the passing of Nordstrom's employee "handbook," which consisted of a single index card with the admonition to "use good judgment in all situations." Meanwhile, at Minding the Workplace and Jottings By An Employer's Lawyer, the authors note that many, if not all, of our workplace problems -- particularly harassment and "bullying" -- would go away if everyone simply followed The Golden Rule. I don't disagree… Continue Reading