GINA Enforcement for HR: Tips for Tackling This Emerging Compliance Hurdle
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The Genetic Information Nondisclosure Act (GINA) was enacted to prevent employers from discriminating against those with a genetic pre-disposition for certain medical conditions or from using such information to weed out employees with a high probability of developing costly medical illnesses or conditions in the future. GINA provides an added compliance burden on employers, since it bars organizations from discriminating against applicants and employees based on their genetic information.
Consider these recent cases:
- In May 2013, the EEOC filed a lawsuit against a New York-based nursing and rehabilitation center, alleging it violated federal law by asking for genetic information during the hiring process. The EEOC also alleged that the organization violated the ADA and Title VII of the Civil Rights Act.
- The EEOC obtained $50,000 on behalf of a woman who Fabricut Inc. allegedly failed to hire because it regarded her as having carpal tunnel syndrome. According to the EEOC, Fabricut violated GINA by asking the potential memo clerk her family history as part of a post-offer medical examination.
In order for you to stay in compliance and out of court, you MUST be armed with practical solutions for meeting the challenge of unintentionally receiving information prohibited under GINA. It's also important to understand how your current employment policies and practices could spark GINA claims so you can get them in order and legally sound.
Participate in this advice-rich webinar, and you'll learn:
- An introduction to GINA and recent litigation and settlements concerning GINA-based employment claims
- How you already have employees' genetic information without knowing it - and what that means
- Essential provisions under EEOC GINA regulations that every employer should know about
- The impact of GINA regulations on anti-discrimination policies
- Practical ways GINA may intersect with the ADA and FMLA, so you can be sure you're in compliance with all three federal laws
- Dos and don'ts for collecting medical and genetic information about applicants and employees or existing employees, and exceptions that may apply to the general rule
- Confidentiality and recordkeeping must-haves to keep your organization in compliance with GINA
- What to do when an applicant or an employee discloses off-limits information - and what you should do to avoid obtaining additional information that could pose a liability threat
- A review of the EEOC's safe harbor language to include when requesting health-related information from an employee
- Practical tips on how to caution healthcare professionals conducting medical examinations on behalf of your organization
- Best practices for structuring voluntary wellness programs so you don't violate GINA
- And more!
In just 90 minutes, you'll get the answers to your toughest GINA questions so you can stay in compliance. Register now for this informative and timely event risk free.
About your presenters:
Attorney Courtney Leyes Tomlinson is an associate in the Memphis office of Fisher &Phillips LLP. She represents employers throughout Mississippi with particular focus on the burgeoning industrial areas in the northern part of the state and the gaming industry in Tunica, Mississippi. She has experience representing employers in litigation related to discrimination and harassment in the workplace and also has experience representing employers on wage and hour issues. She also advises her clients regarding a variety of employment matters, including employee handbooks and policies, severance agreements, and other employee contracts.
Attorney Ruth Mackey is an associate in the Denver office of Fisher &Phillips. She represents employers based in Colorado. Her practice centers on advising employers about the challenges and common pitfalls in complying with Title VII, the ADA, the ADEA, the FMLA, and the FLSA, and litigating claims brought under these federal laws. She also has experience representing Indian tribes in tribal courts, on a variety of issues.
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|Licenses / Designations / Educational Credits:||PHR / SPHR Re-Certification Credits|
All US States: 1.5
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|Keywords For This Course:|
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