Recently in Genetic Information Category

September 10, 2014

EEOC takes on fitness-for-duty medical releases; how to avoid the crosshairs.


Your fitness-for-duty employee medical examinations are job-related or consistent with business necessity. So, they pass muster under the Americans with Disabilities Act. But, what about the medical information you request from employees in connection with those exams? 

Oh yeah, there's that too...

Ask for too much info and you might you be violating not only the ADA, but also the Genetic Information Non-Discrimination Act.

Rut roh! More after the jump...

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May 23, 2013

EEOC talks employer wellness programs; provides an ADA Q&A

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Consistent with its strategic plan to provide up-to-date guidance on the requirements of antidiscrimination laws, last week, the United States Equal Employment Opportunity Commission issued this press release in which it announced that it had revised guidance on how the Americans with Disabilities Act applies to applicants and employees with cancer, diabetes, epilepsy, and intellectual disabilities. You can find links to that revised guidance here.

And earlier in the month, the EEOC held a public meeting on employer wellness programs and how they may be impacted by not only the ADA, but also the Genetic Information Non-Discrimination Act (GINA). You can view a copy of the press release here. Suffice it to say that, until the EEOC offers further guidance on these issues -- and even when it does -- consult with an employment lawyer before implementing or updating one of these programs.

May 7, 2012

Report: Employees share WAY more Facebook info than they think

FacebookMaryland has a new law forbidding employers from demanding that job applicants and employees divulge online passwords. Two weeks ago, the federal government proposed similar legislation. And, last week, news surfaced that Delaware may be placing the same restrictions on employers.

But who needs to demand online passwords, when, according to this report from Consumer Reports, your employees are sharing way more information on Facebook than they realize.

Some of the highlights from the report and a few related tips for employers follow after the jump...

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March 13, 2012

Flyer claims Chick-Fil-A asks potential hires about sexual history

Over the weekend, I read this story by Laura Hibbard at the Huffington Post about a phony job flyer handed out by two men in red blazers posing as Chick-Fil-A employees [link to video] on the campus of New York University. The phony flyer states:

Remember Chick-Fil-A is a Christian company. We strive to have our values reflected in our employees. Please be prepared to discuss your religion, family history, personal relationships etc. upon interviewing. Chick-Fil-A reserves the right to question, in detail, your sexual relationship history. The Bible and Chick-Fil-A, define a traditional relationship as consisting of a man and woman. Anyone living a life of sin need not apply. The Chick-Fil-A Foundation. God, Family, Tradition.

The flyer and video have since gone viral. However, Chick-Fil-A, which has a stated corporate purpose to "glorify God by being a faithful steward of all that is entrusted to us," responded by posting on the wall of its Facebook Fan page (incidentally, 4,960,921 people "like" Chick-fil-A) that the flyer and video were BS. Given the company's religious leanings, the comments beneath Chick-Fil-A's status update are rather polarizing.

But since this an employment-law blog, there is an employment-law point to be made. Just because you technically can ask certain questions during a job interview, doesn't mean you should. Indeed, you may want to consider steering clear of these other 29.

But feel free to watch the vids below...

February 15, 2011

What do social media, genetics and the NFL have in common?

Nothing really. But I needed to combine three topics into one quick blog post.

On Genetics
I will be presenting a webinar tomorrow (2/16) at 1:30 PM EST on how the Genetic Information Nondiscrimination Act will affect your company. If you had to click on the hyperlink, then you probably should sign up for the webinar. You can learn more about the webinar here.

On Social Media
PA and NJ attorneys should clear their calendars on the afternoon of February 23, 2011, and get to Mount Holly for a presentation that I am giving with Dilworth Paxson's James Landgraf and Duane Morris's James Ferelli on Social Media Litigation: Claims, Defenses, Use & Ethical Misuse. You can learn more about this program here.

On the NFL
Yesterday, the National Football League filed an unfair labor practice charge against the NFL Players Association. Seth Borden at Labor Relations Today has some good insight into the effect this filing may have on a potential NFL lockout.

November 27, 2010

Hi, PA, NJ, and DE employers. Meet GINA.


Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits genetic information discrimination in employment, took effect on November 21, 2009. Nearly a year later, the EEOC published the final GINA regulations.

How does this law affect employers? I'll break it down for you after the jump.

Continue reading "Hi, PA, NJ, and DE employers. Meet GINA. " »