Tag: Genetic Information

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. […]

EEOC Lawsuit Says Employer Violated GINA by Requesting Too Much Medical Info

An employer violated the Genetic Information Nondiscrimination Act when it asked applicants and employees for information about their medical history, the U.S. Equal Employment Opportunity Commission alleged in a lawsuit filed Sept. 17. BNV Home Care Agency, Inc., a New York City home care services agency, required applicants to complete an “Employee Health Assessment” after […]

Worksite Privacy from Social Networking to Social Security

Happy Holidays to all our readers from the Advisor Team: Amanda, Chelsea, Kate, Rafael, and Steve! [Go here for privacy issues 1 to 4.] 5. Social Networking Sites Employees have increasingly been utilizing social networking sites for a variety of uses, both personal and professional. Although these sites can be beneficial, their use can also […]

Worksite Privacy from Social Networking to Social Security

Yesterday’s Advisor featured four common-law claims and the first four privacy issues for employers. Today, the rest of the issues, plus an introduction to a comprehensive collection of 350 prewritten policies on CD. [Go here for issues 1 to 4.] 5. Social Networking Sites Employees have increasingly been utilizing social networking sites for a variety […]

Medical Certs and the FMLA: No One’s Happy

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) […]

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 […]

Steps to Reduce Conflict, Prevent Violence in the Workplace

Violence in the workplace is one of several concerns when you have conflict between employees. HR professionals need to take complaints and investigations seriously to ensure that situations don’t escalate, and they also need to be sure that safety and other legal obligations are being met. In a BLR webinar titled “Workplace Conflict Resolution: Peacekeeping […]

A Busy Year for the California Legislature; And Now Employers Must Come Up to Speed

California lawmakers stayed busy throughout the year, passing a number of new wage, hour, leave and anti-discrimination laws.  Here, in no particular order, are some of the biggies that go into effect Jan. 1: Pregnancy Disability Leave All employers with five or more employees will be required, starting Jan. 1, to continue to maintain and […]