Genetic Information Nondiscrimination Act (GINA)

The U.S. Equal Employment Opportunity Commission (“EEOC”) recently updated and expanded its guidance regarding the COVID-19 pandemic and federal anti-discrimination laws, including the Americans with Disabilities Act (“ADA”) and Title VII of the Civil Rights Act (“Title VII”). The guidance, initially issued in December of 2020, covers communicating with employees regarding their COVID-19 diagnosis or

“The boss thinks you should lose a few pounds.”  

An article yesterday in the Wall Street Journal by Lauren Weber and Rachel Emma Silverman opens with this line, and then says that “Seeking to make a dent in the intractable problem of obesity … businesses are experimenting with new measures to encourage workers to

Another employer has settled a GINA class action brought by the EEOC – for $187,500.

The EEOC told a Practising Law Institute conference two years ago of a number of workplace issues which it planned to address, one of which was  targeting violations of the Genetic Information Nondiscrimination Act (“GINA”).  The law was new (2009),

As insurance premiums rise, and more companies self-insure, “wellness programs” have emerged to merge the interests of employees in being well and employers in keeping them well and away from the medical establishment.  A vast majority of large companies have, in fact, instituted wellness programs.

They may take the form of weight loss tips and

On May 17, 2013 we reported that in accordance with its priorities in its Strategic Enforcement Plan (“SEP”) the EEOC announced that it filed a GINA class action against The Founders Pavilion, Inc., a Corning, N.Y. nursing and rehabilitation center, its first systemic lawsuit under GINA.

GINA,  the Genetic Information Nondiscrimination Act, has been

The first lawsuit ever filed by the EEOC alleging genetic discrimination under GINA has been settled, and the allegations in the suit nicely illustrate the requirements of GINA (or at least what the EEOC views as its requirements). GINA, the Genetic Information Nondiscrimination Act, has been around since 2009 but it is widely misunderstood, if understood at

Two EEOC regional attorneys, panelists at a Practising Law Institute conference last week, discussed a number of issues which should be of concern to employers regarding the EEOC’s future plans and practices.

Among a wide range of topics, they told the gathering that:

1.  The EEOC continues to emphasize systemic litigation, or nationwide/regionwide

Bloomberg BNA is reporting that Baltimore County and the Department of Justice have entered into a consent decree wherein the County will pay $475,000 to settle the claims of 10 employees and applicants who alleged that they were sent for unnecessary medical examinations in violation of the Americans with Disabilities Act (“ADA”) and the Genetic