Employment & Labor Insider

Employment & Labor Insider

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Tag Archives: GINA

The ADA: Four issues to watch in 2018

Posted in Affordable Care Act, Americans with Disabilities Act, Discrimination, Family and Medical Leave Act, GINA, Pregnancy
Last month, I had the pleasure of speaking to the Federal Bar Association about hot topics under the Americans with Disabilities Act with my blogging buddy Bill Goren, proprietor of the Understanding the ADA blog. If you haven’t visited Bill’s blog, you should — he covers all aspects of the ADA, including Titles II and III, as well… Continue Reading

Trump’s EEOC nominations are rocking along – and here’s what we can expect

Posted in Americans with Disabilities Act, Discrimination, Equal Pay, Gender Identity Discrimination, Genetic Information Non-Discrimination Act, GINA, Labor Relations, Politics, Sexual Orientation
With President Trump in office for nine months now, it is hard to believe that none of his people are yet on the Equal Employment Opportunity Commission. The four current Commissioners, including the Acting Chair, Republican Victoria Lipnic, and former Chair Jenny Yang, were all appointed by President Obama. But that may change soon. The Senate… Continue Reading

AARP’s wellness win against the EEOC: The “law nerd” version

Posted in Affordable Care Act, Alternative Dispute Resolution, Americans with Disabilities Act, Genetic Information Non-Discrimination Act, GINA
(You’ve been warned.) As I reported Tuesday, a federal judge has ruled that the wellness regulations issued by the Equal Employment Opportunity Commission are invalid. Judge John D. Bates of the District of Columbia did not vacate the rules but remanded them to the EEOC to address the rules’ “failings.” Now that I’ve had a chance to read the… Continue Reading

WOW! Court invalidates EEOC wellness rules

Posted in Americans with Disabilities Act, Genetic Information Non-Discrimination Act, GINA
I’ve written about the AARP’s challenge to the wellness rules issued by the Equal Employment Opportunity Commission here, here, and here. Today, the court granted the AARP’s motion for summary judgment and denied the EEOC’s motion. I have not had a chance to read the opinion, but here it is. I’ll be back soon with some… Continue Reading

EEOC asks court to throw out wellness lawsuit filed by AARP

Posted in Americans with Disabilities Act, Genetic Information Non-Discrimination Act, GINA
I’ve written here and here about the lawsuit filed by the AARP against the U.S. Equal Employment Opportunity Commission, seeking to invalidate the EEOC regulations relating to wellness programs and the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act. On Wednesday, the EEOC filed a motion asking the court to throw out the… Continue Reading

Court won’t block EEOC’s wellness rules — for now.

Posted in Americans with Disabilities Act, Benefits, Genetic Information Non-Discrimination Act, GINA
A federal judge in the District of Columbia has denied the AARP’s request for a preliminary injunction against the wellness rules issued by the Equal Employment Opportunity Commission last May. As a result, the EEOC rules — which establish when participation in an employer-sponsored wellness program is “voluntary” within the meaning of the Americans with… Continue Reading

What is “voluntary”? Thoughts about the AARP wellness lawsuit against the EEOC

Posted in Americans with Disabilities Act, Genetic Information Non-Discrimination Act, GINA, HIPAA Privacy
The Equal Employment Opportunity Commission is only the latest in a string of federal agencies who’ve been sued recently in an effort to stop their regulations from taking effect. We have the two lawsuits against the U.S. Department of Labor challenging the overtime rule that is scheduled to take effect on December 1 (argument in those… Continue Reading

EEOC issues wellness disclosure form, Q and A

Posted in Americans with Disabilities Act, Genetic Information Non-Discrimination Act, GINA
The Equal Employment Opportunity Commission has issued a sample “wellness notice” that employers can give to employees before they are asked to provide medical information in connection with wellness-related health risk assessments or biometric screenings. The notice provides information about employees’ rights, and will be required in some form for all wellness plan years that begin… Continue Reading

Too many RULES, man!

Posted in Affordable Care Act, Americans with Disabilities Act, Genetic Information Non-Discrimination Act, GINA, Only in California, Wage-Hour
“Do this, don’t do that, can’t you read the rules . . .”* Of course, the mega-topic this week was the U.S. Department of Labor’s Final Rule on white-collar exemptions to the overtime provisions of the Fair Labor Standards Act. Ellen Kearns, co-chair of our Wage and Hour Practice Group, wrote a great Client Bulletin… Continue Reading

Who was naughty, and who was nice in employment law this year

Posted in Affordable Care Act, Americans with Disabilities Act, Discrimination, Genetic Information Non-Discrimination Act, GINA, Harassment, Labor Relations, Lawyers!, Pregnancy, Protected Concerted Activity, Retaliation, Safety, Social media, Telecommuting, Wage-Hour
Who’s been naughty and who’s been nice in labor and employment law? Here are my picks for 2015. Feel free to add your own in the comments. NAUGHTY! The National Labor Relations Board, for being naughty in too many ways to mention. Its rules on employer handbook policies, including confidentiality and social media, are unrealistic… Continue Reading

A cornucopia of wellness information for employers!

Posted in Affordable Care Act, Americans with Disabilities Act, Genetic Information Non-Discrimination Act, GINA
UPDATE (Dec. 7, 2015): The EEOC has extended the comment period on its proposed GINA-wellness rule by 30 days. The new comment deadline is January 28, 2016. Earlier this month, I had a relatively short post on the proposed rule on wellness incentives and the Genetic Information Nondiscrimination Act issued by the Equal Employment Opportunity Commission. I… Continue Reading

Six quick takes on the EEOC’s new wellness proposal

Posted in Affordable Care Act, Americans with Disabilities Act, Genetic Information Non-Discrimination Act, GINA
Last week, the Equal Employment Opportunity Commission issued a proposed rule on employer wellness programs and the Genetic Information Nondiscrimination Act. In April, the EEOC issued a proposed rule on employer wellness programs and the Americans with Disabilities Act. Here are six quick takes on the GINA proposal. No. 1. It’s all about the spouse.… Continue Reading

BREAKING: EEOC issues proposed rule on wellness programs and the GINA

Posted in Genetic Information Non-Discrimination Act, GINA
Yesterday, the Equal Employment Opportunity Commission issued a proposed rule on wellness programs and the Genetic Information Non-Discrimination Act. Here is the proposed rule, and here is the EEOC’s press release. A few months ago, the agency issued a proposed rule on wellness programs and the Americans with Disabilities Act, which I discussed here. According… Continue Reading

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

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

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

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

“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