Total Articles: 52
Title VII Record-Keeping Requirements Extended to GINA
In a final rule published by the Equal Employment Opportunity Commission (EEOC) on February 3, 2012, the agency has extended the record-keeping requirements imposed under Title VII and the Americans with Disabilities Act (ADA) to entities covered by Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA). The rule takes effect April 3, 2012.
EEOC Weighs In On "GINA" And Employee Wellness Programs
The Genetic Information Nondiscrimination Act (GINA) generally prohibits employers from requesting, requiring or purchasing genetic information regarding employees. However, the Act sets forth specific exceptions, one of which allows an employer to acquire genetic information about an employee (or his or her family members) when the employer offers a wellness program to employees on a voluntary basis. In June of this year, the Equal Employment Opportunity Commission (EEOC) provided guidance - in the form of an opinion letter - on certain issues affecting wellness programs.
GINA prohibits financial incentives as inducement to provide genetic information as part of employee wellness program.
The Genetic Information Nondiscrimination Act (GINA) generally prohibits employers from requesting, requiring, or purchasing genetic information. However, the Act sets forth specific exceptions to that prohibition, one of which allows an employer to acquire genetic information about an employee or that employee’s family members when the employer offers a wellness program to employees on a voluntary basis. In June of this year, the EEOC provided guidance – in the form of an opinion letter - on certain issues affecting workplace wellness programs.
Ensuring Your Wellness Programs Do Not Violate GINA
It has come to our attention recently that many wellness programs are not in compliance with the Genetic Information Nondiscrimination Act (GINA) regulations, which went into effect in January of this year. Group insurers and employers must construct such programs carefully to ensure that they don’t run afoul of GINA’s prohibitions.
The Latest On GINA
The new regulations issued by the EEOC under the Genetic Information Nondiscrimination Act of 2008 (GINA) became effective on January 10, 2011. The regulations make clear that the law protects applicants, current and former employees, trainees, and apprentices. The EEOC has already received hundreds of charges alleging violations of GINA. Employers must now post new information and take other steps to comply, including the use of "safe harbor" language when requesting health-related information from an employee or healthcare provider.
EEOC Issues Regulations on Use and Disclosure of Genetic Information
EEOC Issues Regulations on Use and Disclosure of Genetic Information
EEOC REGULATIONS SHED LIGHT ON "GINA".
Earlier this year, we wrote about the Genetic Information Nondiscrimination Act, or “GINA”—at the time, a relatively new federal anti-discrimination law prohibiting employment discrimination on the basis of applicants’ or employees’ genetic information and containing other non-employment related provisions. (See “Getting to Know ‘GINA’,” appearing in this column on March 9, 2010.) Under the law, “genetic information” is defined broadly to include not only the results of genetic tests given to individuals or their family members, but also any “manifestation of a disease or disorder” present in the applicant’s or employee’s family members (i.e., family medical history), whether or not such disease or disorder is genetically linked.
EEOC Issues Long-Awaited Final GINA Title II Regulations.
On November 9, 2010, the Equal Employment Opportunity Commission (EEOC) published its final regulations implementing Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA). The final regulations are scheduled to take effect on January 10, 2011.
FMLA Insights Podcast No. 18: GINA and the FMLA.
In November the Equal Employment Opportunity Commission published new regulations under the Genetic Information Nondiscrimination Act (GINA). In this podcast we explain what GINA is, and what the law and new rules require of employers as they administer FMLA leave.
EEOC Publishes Final Regulations Under Genetic Information Nondiscrimination Act (pdf).
The new final regulations under the Genetic Information Nondiscrimination Act (GINA) were
published by the Equal Employment Opportunity Commission (EEOC) in November and will take
effect January 10, 2011. Title II of GINA, which went into effect November 21, 2009, prohibits
discrimination and harassment based on genetic information; bars employers from acquiring genetic
information except in certain narrow circumstances; and requires employers to keep any genetic
information they have confidential. The new GINA regulations require employers to provide certain
disclosures when requesting medical certifications in support of an employee’s leave or request for
an accommodation.
GINA: It's More Than Just a Pretty Name
The employment-related provisions (Title II) of the Genetic Information Non-Discrimination Act of 2008 took effect November 21, 2009. Although the Equal Employment Opportunity Commission, which enforces the GINA, issued proposed regulations in March 2009, the final regulations were issued only last week. They will take effect January 10, 2011.
GINA Follow Up
I had the pleasure of speaking on the Genetic Information Nondiscrimination Act, including the final GINA regulations (issued by EEOC last week), last week in Las Vegas at the Advanced Employment Issues Law Symposium.
EEOC Issues Final Rule for Title II of GINA
On November 9, 2010, the Equal Employment Opportunity Commission (EEOC) issued its final regulations under Title II of the Genetic Information Non-Discrimination Act (Act or GINA). Title II of the Act, which took effect November 21, 2009, prohibits employers from discriminating based upon genetic information. Specifically, GINA bars the use of genetic information in employment decision-making, restricts deliberate acquisition of genetic information, requires that genetic information be maintained as a confidential medical record, and places strict limits on disclosure of genetic information.
EEOC Releases Final Regulations Regarding Genetic Testing and Acquisition of Genetic Information
The Equal Employment Opportunity Commission has issued long-awaited final regulations for the employment provisions (Title II) of the Genetic Information Nondiscrimination Act (GINA). GINA restricts the acquisition, use, and disclosure of genetic information in the employment context. The Final Regulations, among other things, clarify the meaning of a “genetic test,” the circumstances under which the acquisition of genetic information is permissible, and requirements for employer compliance with GINA’s confidentiality and posting requirements.
GINA Rules Require New Disclosures In Requests For FMLA Certification
Employers covered by the FMLA should take note of new final regulations under the Genetic Information Nondicrimination Act (GINA) published this week by the U.S. Equal Employment Opportunity Commission (EEOC). Although the FMLA is enforced by the U.S. Department of Labor, not the EEOC, the new GINA regulations require employers who seek medical certifications in support of leave or accommodation requests - including FMLA leave - to provide new disclosures or risk violating GINA.
Legal Alert: EEOC Issues Final GINA Regulations
On November 9, 2010, the Equal Employment Opportunity Commission published final regulations implementing Title II of the federal Genetic Information Nondiscrimination Act (GINA). The regulations are available at:
Long Awaited GINA Regs Are Out
This morning, the Equal Employment Opportunity Commission issued its final rule interpreting Title II (the employment provisions) of the Genetic Information Non-Discrimination Act, which prohibits the gathering or use of genetic information in a number of contexts, including employment.
EEOC Issues Final GINA Regulations for Employers
GINA, the Genetic Information and Nondiscrimination Act, took effect nearly a year ago. After several delays, the EEOC has published final regulations that interpret and implement the nondiscrimination provisions of the Act, which apply to employers. Those employers who have been paying attention to GINA and its requirements won't be surprised at the regulations, as they are substantially similar to the proposed regulations. They do , however, offer specific examples applicable to employers.
DOL Publishes FAQs on GINA.
The U.S. Department of Labor has published FAQs on the Genetic Information Nondiscrimination Act ("GINA"). The U.S. DOL GINA FAQs are largely devoted to discussion of Title I of GINA, which applies to insurers, not to Title II, which governs employment decisions. Nevertheless, the FAQs do contain a basic discussion of what exactly is meant by "genetic information."
Do Bald Employees Finally Have A Cause of Action Under GINA?
It has long been believed that bald men do not fare well in the workplace, suffering from hidden bias that results in their failure to get hired or promoted at the same rates as those with a full head of David Hasselhoff-like hair. My husband contends that this is one of the few categories of employees it is still deemed appropriate to poke fun at. I will not comment on the state of his follicular impairment except to say that he is often compared to Cal Ripken, Jr.
Does GINA Provide a Cause of Action for Overweight (or Overly Attractive) Employees?
GINA (the Genetic Information Nondiscrimination Act), has been dismissed by many legal practitioners as an unnecessary law with little probable impact on employers. Au contraire. The ink has barely dried on this new law and, already, GINA is making headlines. For example, a GINA claim has been filed against a Connecticut employer, GINA may make illegal the common practice of checking Internet sources for information on a current or future employee and, last but not least, as recently posited in this article in Corporate Counsel magazine, GINA could provide a new claim to overweight employees who believe they’ve been discriminated against.
Still No GINA Regs, But New Website on the Basics.
Employers and human-resource professionals have been anxiously awaiting the issuance of the final rules interpreting Title II of the Genetic Information Nondiscrimination Act (GINA). We remain hopeful the regulations will address some thorny issues, such as the implications of employers’ use of internet and social media sites, which may in turn reveal the genetic information of an employee or applicant.
The conundrum of GINA and social media.
Although Equal Employment Opportunity Commission (EEOC)
regulations on the Genetic Information Nondiscrimination Act (GINA) are
promised (the proposed regs were published back in March 2009 and the
comment period has been closed since May 2009), they have yet to be
issued, leaving you on your own to interpret this brand- new statute. One
area that presents an interesting question is the role of social media in
GINA claims.
GETTING TO KNOW “GINA”.
There’s a new kid on the block in the anti-discrimination arena, and her name is GINA. Employers should already be familiar with long-standing federal laws such as Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (“ADEA”), and the Americans with Disabilities Act (“ADA”), which prohibit employment decisions made on account of applicants’ and employees’ race, color, national original, religion, gender, age and disability. GINA, the Genetic Information Nondiscrimination Act of 2008, now extends these same protections to the “protected category” of genetic information.
GINA and Social Media.
GINA, the Genetic Information Nondiscrimination Law of 2009, is the first new federal discrimination law in decades.
GINA's Impact on Employers: Pink Ribbons and Yellow Bracelets.
In today’s culture of pink ribbons, yellow bracelets, and fundraising walks, it is not hard to imagine the multitude of ways an employer might learn about the genetic test or manifestation of a disease by a family member. Loved ones often become involved with organizations specific to the disease of their family member, and even sometimes starting their own. The employee’s membership in or leadership role in such organizations might well be reflected on their resume or application. Such relationship is likely to be disclosed on an employee’s Facebook, Twitter, or MySpace page. A quick Google search on an application, now typically performed in the most rudimentary background check, would reveal this information.
GINA’s Application to Caregiver Scenarios.
In Part I of this series, I discussed the Genetic Information Nondiscrimination Act in the employment-law context. In this post, I'll cover how GINA applies in the caregiver context. In Part III, I'll address how GINA may mean trouble for employers who search out information about employees and applicants online.
The GINA’s Out of the Bottle--And It's a New Weapon in the Work-Family Arsenal.
The Genetic Information Nondiscrimination Act (GINA), went into effect in November 2009. Title II of the Act, which applies to employers, amends Title VII to prohibit employment discrimination on the basis of genetic information. GINA was intended to address a very specific concern--specifically, that the advancement of genetic science would lead to employment (and insurance) discrimination based on an individual’s potential to contract a certain disease as reflected in genetic markers. But GINA's language has a far broader reach, which may well become the newest and most useful weapon in the work-family arsenal.
Reminder: GINA Effective November 21, 2009.
The Genetic Information Nondiscrimination Act of 2008 (GINA) is a new federal law that prohibits employers, unions, employment agencies, and health insurers from discriminating against individuals based on their genetic information. Based on GINA’s broad definition of genetic information, it is easy to imagine that an employer might unwittingly violate the law. For example, an employee who talks casually about caring for family members who suffer from muscular dystrophy is likely to have disclosed genetic information. If the employee is later disciplined, the employer will need to demonstrate an independent basis for its action. As with other claims of protected-class discrimination, the outcome can turn on the timing of the employee’s disclosure, the supervisor’s awareness of the information at the time that discipline was imposed, and consistent treatment of similarly situated employees.
GINA Presentation to Delaware SHRM.
I had the pleasure of speaking to the Delaware SHRM membership last night on the topic of GINA, the new federal law protecting against discrimination based on genetic information. It was a great audience, and a topic of considerable interest. My handout is below.
GINA Takes Effect - Many Employers Unprepared?
With little fanfare and seemingly even less reaction from employers, Title II of the Genetic Information Nondiscrimination Act (GINA) took effect on November 21, 2009. Title II generally prohibits employers, employment agencies and unions from collecting employees' or applicants' genetic information - which specifically includes family medical history. The law also precludes any type of genetic testing of employees or applicants.
MEET GINA: A FAQ ON THE NEW GENETIC INFORMATION NON-DISCRIMINATION ACT (“GINA”).
Congress has done it again. The new Genetic Information Nondiscrimination Act ("GINA") prohibits discrimination against employees and job applicants on the basis of "genetic information". This law was signed into law by President Bush on May 21, 2008 and became effective on November 21, 2009. We have prepared this FAQ to familiarize you with the new law and the many obligations it imposes on employers.
Time to Prepare for a New Civil Rights Law.
On Nov. 21, employers will be required to comply with yet another federal law that restricts disclosure of employee health information. Specifically, the Genetic Information Nondiscrimination Act of 2008 will join the Americans with Disabilities Act, and the Family and Medical Leave Act as federal laws that restrict what you can and can't do with employee medical information. GINA, which overwhelmingly passed both houses of Congress last year, was hailed by Sen. Ted Kennedy as "the first major new civil rights bill of the new century." Although Oregon and 36 other states already have genetic information laws on the books, GINA will ensure wide-sweeping and consistent coverage across the country.
EEOC Issues New Poster Reflecting GINA and Other Updates.
The EEOC has issued a new poster to reflect, among other recent changes, the Genetic Information Non-Discrimination Act requirements. The GINA took effect on November 21, 2009.
Time to Prepare for a New Civil Rights Law.
On Nov. 21, employers will be required to comply with yet another federal law that restricts disclosure of employee health information. Specifically, the Genetic Information Nondiscrimination Act of 2008 will join the Americans with Disabilities Act, and the Family and Medical Leave Act as federal laws that restrict what you can and can't do with employee medical information. GINA, which overwhelmingly passed both houses of Congress last year, was hailed by Sen. Ted Kennedy as "the first major new civil rights bill of the new century." Although Oregon and 36 other states already have genetic information laws on the books, GINA will ensure wide-sweeping and consistent coverage across the country.
Genetic Information Nondiscrimination Act Update.
The U.S. Equal Employment Opportunity Commission (EEOC), announced on that it is now enforcing the Genetic Information Nondiscrimination Act of 2008 (GINA), which was enacted in May 2008 and went into effect on November 21, 2009. The EEOC’s summary of GINA says:
The Genetic Information Nondiscrimination Act (GINA) Has Taken Effect.
With little fanfare and even less reaction from employers, the Genetic Information Nondiscrimination Act (GINA) took effect on November 21, 2009. GINA generally prohibits employers, employment agencies, and unions from collecting genetic information – which specifically includes family medical history - related to employees or applicants. The law also precludes any type of genetic testing of employees or applicants.
Privacy Patrol: Guidelines for Complying with the New Genetic Information Nondiscrimination Act.
As of Nov. 21, employers are required to comply with yet another law that restricts disclosure of employee health information. The new law will join others already on the books that require HR leaders to exercise discretion and vigilance when it comes to dispersing and safeguarding such information. However, a few misconceptions about medical-privacy laws and the workplace need to be clarified.
GINA Becomes Effective In November; EEOC Publishes New Poster.
The Genetic Information Nondiscrimination Act (“GINA”) becomes effective this month, on November 21, 2009. Generally, this federal law prohibits employers from acquiring or using genetic information about its employees, with certain exceptions.
EEOC Revises "EEO is the Law" Poster to Include Information on GINA.
As of November 21, 2009, covered employers will be required to post information on the ban on employment discrimination based on genetic information contained in the Genetic Information Nondiscrimination Act of 2008 (GINA). GINA prohibits employers from discriminating against applicants and employees based on genetic information. The law also restricts employers' acquisition and disclosure of genetic information. The employment provisions of GINA apply to private and state and local government employers with 15 or more employees, employment agencies, labor unions, and joint labor-management training programs. They also cover Congress and federal executive branch agencies.
New EEOC Workplace Poster Now Available for Employers.
The Equal Employment Opportunity Commission has revised the workplace notice that employers covered by federal anti-discrimination laws must post to reflect the requirements of the new Genetic Information Nondiscrimination Act and the changes made by the ADA Amendments Act.
Do Your Health and Wellness Plans Violate GINA?
Many employers with wellness program that use health risk assessments will have to modify their assessments to avoid running afoul of the Genetic Information Nondiscrimination Act of 2008 (GINA), under final interim regulations set to appear in the Federal Register on October 7, 2009.
EEOC’S Proposed GINA Regulations Limit ADA Inquiries.
The federal Genetic Information Nondiscrimination Act (“GINA”) require employers to change their current practices regarding the acquisition of medical information. Practices that have been permissible under the ADA will no longer be permissible on account of GINA. The EEOC’s recently published proposed regulations make this challenge apparent.
GINA Legislation: More Protection for Employees, More Complexities for Employers.
President Bush signed the Genetic Information Nondiscrimination Act (GINA) into law on May 21, 2008. The law, which had overwhelming support in both houses of Congress, is intended to prevent employers, employment agencies, labor unions, and health insurers from discriminating against individuals based on genetic information. GINA amends various federal laws. As a result, several federal entities, including the Equal Employment Opportunity Commission (EEOC), the Department of Labor, the Secretary of Health and Human Services, and the Secretary of Treasury are tasked with issuing regulations to implement the law. The law becomes effective for insurers on May 21, 2009, and for employers, labor unions, and employment agencies in November 2009.
GENETIC INFORMATION NON-DISCRIMINATION ACT SIGNED INTO LAW (pdf).
On May 21, 2008, President Bush signed the Genetic Information Non-discrimination Act (GINA) into law. However, GINA’s employment-related discrimination provisions do not take effect until November 2009. GINA was enacted, in part, to protect individuals from discrimination in employment
on the basis of their genetic information. The law’s anti-discrimination provisions generally impact employers already covered by Title VII.
New GINA Law Also Affects Wage/Hour Provisions.
A little-noticed part of the recently-enacted federal Genetic Information Nondiscrimination Act (GINA) has substantially increased the potential monetary exposure for employers who violate the federal Fair Labor Standards Act's child-labor restrictions. These changes took effect when President Bush signed the law on May 21, 2008.
Genetic Information Nondiscrimination Act Finally Becomes Law.
President George W. Bush recently signed into law H.R. 493, also known as the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits employers from discriminating against applicants and employees based on genetic tests or genetic information.
Introducing GINA (pdf).
On May 21, 2008, President
Bush signed the Genetic
Information Nondiscrimination
Act (GINA), a law that prohibits
discrimination in employment
(Title II) and insurance (Title I)
decisions against individuals
who may be genetically
predisposed to certain
diseases.
President Signs Genetic Information Nondiscrimination Act.
On May 21st, President Bush signed The Genetic Information Nondiscrimination Act of 2008 ("GINA") into law. According to the National Institutes of Health's National Human Genome Research Institute, "GINA protects Americans from being treated unfairly because of differences in their DNA that may affect their health. The new law prevents discrimination from health insurers and employers."
The Genetic Information Nondiscrimination Act (GINA) Finally Becomes Law.
Today, President George W. Bush signed into law the Genetic Information Nondiscrimination Act of 2008 (H.R. 493) (GINA) which prohibits employers from discriminating against applicants and employees based on genetic tests or genetic information. The federal government already has a similar law applicable to federal employees – the Government Employee Rights Act of 1991. The new law also prohibits health insurers from restricting enrollment and premium adjustments for health insurance on the basis of genetic information or genetic services.
Employers and Insurers Meet GINA – The Newest Addition to the Federal Discrimination Law Family.
On May 21, 2008, President Bush signed into law the Genetic Information Nondiscrimination Act (GINA) (H.R. 493), which prohibits discrimination by employers and insurers based on genetic information.
Getting To Know GINA.
After languishing in Congress for 12 years, the Genetic Information Nondiscrimination Act (GINA) has now been passed by both the U.S. House of Representatives and the Senate. President Bush has publicly supported the legislation and is expected to sign it soon.
