Tag: Genetic Information Nondiscrimination Act (GINA)

EEOC alleges medical exams and questionnaires violate ADA, GINA

by Courtney Bru The Americans with Disabilities Act (ADA) limits employers’ ability to make disability-related inquiries or subject employees to medical exams. You may not take those actions until after you’ve offered the applicant a job. Once a conditional offer of employment has been made, you may ask about medical conditions or require a medical […]

Lawsuit aims to stop EEOC’s new wellness rules

New rules governing incentives offered as part of employee wellness programs are now the target of a lawsuit from a large advocacy group representing older Americans.   AARP filed the suit against the Equal Employment Opportunity Commission (EEOC) in Federal District Court in Washington, D.C., on October 24, arguing that wellness programs can violate employees’ privacy […]

Return-to-work woes: EEOC challenges medical release requests under ADA, GINA

by Geoffrey D. Rieder In a lawsuit filed in September, the Equal Employment Opportunity Commission (EEOC) alleges that a Minnesota-based power company violated the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) by requiring an employee returning from medical leave to execute overbroad medical release forms for a fitness-for-duty medical examination. […]

Who is GINA, and why should I care about her?

by Mark Jeffries Those of us in HR and the field of employment law sometimes feel like we’re being force-fed a veritable alphabet soup of federal statutes. We have to mind our p’s and q’s under the FLSA, FMLA, ADA, ADAAA, and ADEA, just to name a few. But there’s a relatively young law that […]

EEOC steps up enforcement of genetic information nondiscrimination

by Roberta Fields Each year, scientific advancements in the field of genetics broaden our understanding of health issues and, specifically, the impact heredity plays on a person’s chances of developing certain medical conditions. Such research has led to more and more genetic tests designed to help people understand their risks for getting cancer, diabetes, heart […]