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Showing 4 posts in Genetic Information Nondiscrimination Act ("GINA").

New FMLA Forms Address GINA Safe Harbor

Posted In Department of Labor ("DOL"), Family and Medical Leave Act (“FMLA”), Genetic Information Nondiscrimination Act ("GINA")

The Department of Labor (“DOL”) recently revised and updated the template forms that the agency issues for use in Family and Medical Leave Act (“FMLA”) notice and certification. Some of these new forms have received substantial revision, and all have been approved through the end of May 2018. The most notable change, however, may be that certain new forms related to medical certification (WH-380-E, WH-380-F, WH-385 and WH-385-V) address Genetic Information Nondiscrimination Act (“GINA”) “safe harbor” language. More >

EEOC Sues Home Care Agency for GINA Violation

Posted In EEOC, Employee Forms, Employment Discrimination Laws, Employment Law, Genetic Information Nondiscrimination Act ("GINA"), Hiring and Firing

On September 17, 2014, the Equal Employment Opportunity Commission (“EEOC”) issued a press release announcing it is suing BNV Home Care Agency, Inc. (“BNV”) for practices that are prohibited by the Genetic Information Nondiscrimination Act (“GINA”). More >

The EEOC in 2014

Posted In EEOC, Employment Discrimination Laws, Employment Law, Genetic Information Nondiscrimination Act ("GINA"), Hiring and Firing

Last year was a record-breaking year for the Equal Opportunity Commission (“EEOC”), which obtained approximately $372 million for workers alleging workplace discrimination. In the EEOC’s annual report, the agency asked for $75 million to support their litigation efforts in 2014…thus, they show no sign of slowing down. According to EEOC Commissioner Constance Barker, “Since we’ve got so much authority delegated to the agency’s general counsel, 2013 really became the year of litigation, and I think 2014 will continue that trend…I think private companies ought to expect to see more aggressive use of the litigation process, more aggressive pursuit of systemic discrimination cases and more cases bypassing the commission’s review and vote.”

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Who’s GINA and What Should I Know About Her?

Posted In EEOC, EEOC v. Fabricut, EEOC v. The Founders Pavilion, Employment Law, Genetic Information Nondiscrimination Act ("GINA"), Litigation, Medical Exams

GINA is not a who, but rather a what. The Genetic Information Nondiscrimination Act (“GINA”) was passed by Congress in 2008. GINA makes it illegal for employers with 15 or more employees to discriminate against employees or applicants on the basis of genetic information. Employers cannot lawfully inquire about (1) an individual’s genetic tests; (2) the genetic tests of an individual’s family members; or, (3) the manifestation of a disease or disorder in the family members of such an individual.

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