Posts tagged 'GINA'

June 12, 2013

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Second GINA Lawsuit Filed by EEOC

GINA

The Genetic Information Nondiscrimination Act (GINA) became law in 2009, but it took a few years for enforcement to catch up, which it did just recently. In the first lawsuit based on GINA, which the company settled for $50,000 with the Equal Employment Opportunity Commission (EEOC), the enforcing agency, the triggering event was the company’s asking for family medical history during a ...

May 29, 2013

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EEOC Settles GINA Discrimination Case

GINA

The Equal Employment Opportunity Commission (EEOC) recently settled its first discrimination lawsuit based on the Genetic Information Nondiscrimination Act (GINA), but in truth, it came upon the triggering violation almost by accident. When Rhonda Jones filed a charge with the EEOC based upon a rescinded-job-offer violation of the Americans with Disabilities Act (ADA), the EEOC looked int...

August 1, 2011

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Genetic Information and Company Wellness Programs

ADA EEOC GINA

The Genetic Information Nondiscrimination Act (GINA) prohibits the gathering of genetic information from employees or new hires unless such information is deemed "job-related and consistent with business necessity." Another exception pertains to voluntary wellness programs, with the stipulation that the information obtained is kept confidential and not used in a manner that viol...

July 26, 2011

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EEOC Advises Employers to Separate PHI from Occupational Health Information

ADA EEOC GINA

In a recent informal discussion letter, the Equal Employment Opportunity Commission (EEOC) suggested that employers who maintain both personal health information (PHI) and occupational health information in a single employee file are probably violating the privacy provisions of both the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). Both acts sev...

January 10, 2011

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Final GINA Regulations Take Effect Today

Genetic Information Nondiscrimination Compliance Kit GINA

Released on Nov. 9, 2010, final regulations for the Genetic Information Nondiscrimination Act (GINA) take effect today, Jan. 10, 2011, after a 60-day implementation period. GINA prohibits employers from--in most cases--obtaining genetic information about any employee or family member of the employee, but it does provide certain safe harbor protections if the information is obtained accidentally...

November 8, 2010

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Final GINA Regulations Released After Delay

EEOC GINA

It's taken 12 months, but the Equal Employment Opportunity Commission (EEOC) today released its final regulations for the Genetic Information Nondiscrimination Act (GINA). The regulations will be published in the Federal Register tomorrow, and they will go into full effect 60 days thereafter. GINA prohibits the asking or procurement of genetic information about an applicant or employee or their...

February 4, 2010

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GINA Could Put Kibosh on Workplace Wellness Programs

ADAAA EEOC GINA

The Genetic Information Nondiscrimination Act (GINA), which took effect Nov. 21, 2009, not only forbids employers and health insurers from collecting individuals' genetic information and using that in their decision-making; it also prohibits the solicitation of family medical histories, again to prevent discrimination in decision-making. As the Wall Street Journal recently pointed out, how...

November 24, 2009

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GINA May Bar Employers from Social Media Access

Facebook GINA LinkedIn MySpace

Though the Genetic Information Nondiscrimination Act (GINA) has already taken effect, the law's regulations are still in a state of flux at the Equal Employment Opportunity Commission (EEOC) and have yet to be finalized. One of the contentious issues that is being weighed internally and through public commentary is the right, or lack thereof, of employers to access employees' or job applic...

October 29, 2009

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PC's Labor Law Posters Updated for New EEOC Poster

ADAAA EEOC GINA

The Equal Employment Opportunity Commission (EEOC) recently released a new version of its "Equal Employment Opportunity Is the Law" poster that incorporates new regulations for the ADA Amendments Act (ADAAA) and the Genetic Information Nondiscrimination Act (GINA), along with new contact information. With GINA taking effect for employers on Nov. 21, 2009, it is imperative to...

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