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In 2008, Congress recognized scientific advances in the field of genetics and feared these advances would give rise to misuse and discrimination based on genetic information. This led to the passing of the Genetic Information Nondiscrimination Act (GINA)
Under FMLA regulations, an employer may utilize DOL certification forms designed for this purpose (and why not use them, since you aren’t permitted to ask for any information not on those forms anyway?): Certification of Health Care Provider for Employee’s Serious Condition (WH-380-E) Certification of Health Care Provider for Family Member’s Serious Health Condition (WH-380-F) […]
by Craig L. Olivo and Hilary L. Moreira The Genetic Information Nondiscrimination Act (GINA) prohibits employers from discriminating in any term or condition of employment based on employees’ or applicants’ “genetic information.” It also prohibits you from requesting, requiring, or purchasing genetic information (with narrow exceptions). GINA was passed by Congress out of concern that […]
Furthermore, Morris adds, your wellness program may get way more important under the Affordable Care Act. Morris, who specializes in benefits, is a member of the firm Epstein Becker Green in its Washington, D.C., office. Wellness Is Popular, But Hard to Define A recent survey found that 70.3 percent of 539 employer respondents reported offering […]
Furthermore, Morris adds, your wellness program may get way more important under the Affordable Care Act. Morris, who specializes in benefits, is a member of the firm Epstein Becker Green in its Washington, D.C., office. Wellness Is Popular, But Hard to Define A recent survey found that 70.3 percent of 539 employer respondents reported offering […]
SCOTUS Case that Changed the Rules This change in the rules of retaliation was the result of a landmark Supreme Court case, Burlington Northern and Santa Fe Railway Co v. White 126 S. CT. 2405 (2006), says Cotham. Here’s her outline of the famous case: Ms. White drove a forklift for Burlington, the railroad company. […]
The Equal Employment Opportunity Commission has long required employers subject to Title VII and the Americans With Disabilities Act to retain employment records, and now the same is required for those subject to the Genetic Information Nondiscrimination Act. In final rules released Feb. 3, the commission amended its recordkeeping regulations to include employers covered by […]
What’s Happened in Leave Land? The first challenge is the multiplicity of types of leave entitlements—workers’ compensation, short-term disability, FMLA, Military FMLA, state family leave, paid family leave, and the ADA. The result? Potential stacking of up to 5 or more types of leave, says Southard. The second big factor, she adds, is the explosion […]
Employers have some new language to include on certain Family and Medical Leave Act (FMLA) forms because of the Genetic Information Nondisclosure Act (GINA), according to employment law attorney Stacie L. Caraway, who led an FMLA session at the October Advanced Employment Issues Symposium in Nashville, Tennessee. Caraway says a one-paragraph statement is available on […]
When the economy declines, it’s a safe bet that the number of discrimination claims filed against employers will increase. And as we are currently in the worst economic climate since the Great Depression, employment law attorneys weren’t surprised when the Equal Employment Opportunity Commission (EEOC) reported this week that it received an unprecedented number of […]