Genetic Information and Company Wellness Programs

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 violates the Americans [...]

Read the rest of this entry »
GoTo top Top

EEOC Advises Employers to Separate PHI from Occupational Health Information

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 severely [...]

Read the rest of this entry »
GoTo top Top

Final GINA Regulations Take Effect Today, Jan. 10, 2011

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 [...]

Read the rest of this entry »
GoTo top Top

Final GINA Regulations Finally Released, Almost a Year Later

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 [...]

Read the rest of this entry »
GoTo top Top

GINA Could Put Kibosh on Workplace Wellness Programs

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, however, GINA could [...]

Read the rest of this entry »
GoTo top Top

GINA Regs May Bar Employers from Accessing Social Media

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 [...]

Read the rest of this entry »
GoTo top Top

PC’s Labor Law Posters Updated for New EEOC Poster

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 make [...]

Read the rest of this entry »
GoTo top Top