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Articles Posted in Genetic Information

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9 things HR needs to know about the EEOC’s new rules on employer wellness programs

Yesterday, the U.S. Equal Employment Opportunity Commission announced here that it had issued issued final rules on how the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act apply to employer-sponsored wellness programs. So, what do y’all need to know about the EEOC’s new rules on employer wellness programs? (No one ever…

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Can an employer rescind a job offer based on the results of a genetic test?

A received a number of emails following yesterday’s blog post, “Can you refuse to hire a person whom you fear may have a future disability?” Most were nice. Although, I didn’t appreciate one reader’s virtual flaming bag of virtual dog poop left in my inbox. That person can go to virtual hell.…

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More EEOC rules on employer wellness programs are coming. Will yours make the cut?

Do you follow me on Twitter? If you do, you may have watched me live-streaming some of my one-year-old, who won Halloween hands-down. Well, that and you would have gotten the early heads up that the EEOC was issuing its proposed rules on the Genetic Information Nondiscrimination Act (GINA), and its…

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Pee and Poop: One employer cleans up; another pays $2.25 million

Just another ho-hum Wednesday here at the ol’ Handbook. Urine trouble now. So, did you hear the one about the employee who got caught urinating next to shopping carts near the front entrance of a big home improvement store? He even admitted to, and apologized for, his public urination, explaining that he…

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What the EEOC plans to tell employers about wellness programs

The U.S. Equal Employment Opportunity Commission is obsessed with wellness programs. Or, as the EEOC likes to describe them “‘so-called’ wellness programs.” And not in a “yay, so-called wellness programs are super” kinda way. No, in recent months, the EEOC has initiated litigation against companies (example, example, example) claiming that…

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

Congratulations! 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…

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

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…

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Report: Employees share WAY more Facebook info than they think

Maryland 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…

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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…