Phia Group Russo & Minchoff

State employers cannot be sued under GINA, court says

cmonfils | April 6, 2012

Sovereign immunity shields state employers from liability under the Genetic Information Nondiscrimination Act (GINA), a federal district court has held. The ruling is the first to address whether state employers — including hospitals, schools and other instrumentalities — can face damage claims under GINA. Though Congress clearly meant for GINA to protect state employees, the court found no unconstitutional pattern of genetic bias by states. The decision mirrors the recent Supreme Court ruling on states’ liability under the “self-care provision” of the Family and Medical Leave Act.

EEOC Issues Final Rule Extending Title VII and ADA Recordkeeping Requirements to GINA

cmonfils | February 15, 2012

The Equal Employment Opportunity Commission (EEOC) issued a final rule extending the recordkeeping requirements under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act of 1990 (ADA) to entities covered by Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA).

EEOC Finalizes Employer Recordkeeping Rules Under GINA

cmonfils | February 15, 2012

The Equal Employment Opportunity Commission has long required employers subject to Title VII and the Americans With Disabilities Act to retain employment records, and now the same is required for those subject to the Genetic Information Nondiscrimination Act. 

Voluntariness Required for Wellness Programs

cmonfils | September 27, 2011

www.hreonline.com

September 13, 2011    By Frank Ferreri, cyberFEDS® Legal Editor

A letter from the EEOC expands on whether financial incentives can be used for wellness programs and offers guidance on the way such programs are treated under the ADA and GINA.

Wellness programs may give organizations a way to provide an employee benefit while keeping healthcare costs down, but HR leaders should think carefully about offering financial incentives. (more…)

Wellness Programs – A Complex Cure

cmonfils | September 11, 2011

www.fredlaw.com 

By: DEBRA J. LINDER & KRISTA A.P. HATCHER    September 2011

Employee wellness programs have become increasingly popular as employers seek to control health insurance costs, improve the health and productivity of their workers, and reduce absenteeism. According to the Kaiser Family Foundation’s Employer Health Benefits 2010 Annual Survey, approximately three-fourths of employers offering health benefits already provide some type of wellness program. (more…)

GINA II Regs Provides Clarification for Wellness and Health Risk Assessments

cmonfils | January 25, 2011

MyHealthGuide Source:

• Definitions, Rules, More from Equal Employment Opportunity Commission, 1/20/2011

• Regulations Under the Genetic Information Nondiscrimination Act of 2008

• Q & A – EEOC Final Rule on Title II of GINA

On January 10, 2011, the final regulations under Title II of the Genetic Information Nondiscrimination Act (GINA II), which were issued by the Equal Employment Opportunity Commission, went into effect. The new regs apply to employers and prohibits the use of genetic information in employment, restricts employers from requesting, requiring, or purchasing genetic information, and strictly limits the disclosure of genetic information. (more…)

EEOC issues final GINA regs

Adam V. Russo | November 22, 2010

by Denise M. Keyser, Clifford J. Schoner and Michelle M. McGeogh of Employee Benefit News, www.employeebenefits.com

The Equal Employment Opportunity Commission recently released final regulations implementing Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA). Although GINA was effective Nov. 21, 2009, these regulations do not take effect until Jan. 10, 2011. (more…)