If it is any comfort to private sector employers, when it comes to managing an employee’s entitlement to time off under a myriad of legal requirements and internal personnel policies, the federal government, as an employer, faces similar challenges. On December 3, the Office of Personnel Management issued final regulations addressing the use of sick
Jackson Lewis P.C.
MEET GINA: IN CASUAL CONVERSATION, KEEP IT GENERAL TO KEEP IT LAWFUL
By Jackson Lewis P.C. on
Posted in GINA
We posted recently about GINA’s prohibiting an employer from “actively” listening to conversations between colleagues in which they discuss their genetic information, including family medical history, and how it will limit an employer’s internet searches of applicants and employees. Add casual conversations, sometimes referred to as "water cooler" conversation, to the list of workplace activities curtailed by GINA.…
MEET GINA: “ACTIVE” LISTENING BY EMPLOYERS BANNED
By Jackson Lewis P.C. on
Title II of GINA prohibits the use of genetic information in employment, restricts employers from requesting, requiring or purchasing genetic information, and limits employers from disclosing genetic information. We posted recently that, according to the EEOC’s newly-issued regulations, an employer who engages in certain internet searches has illegally requested genetic information.
An employer…
MEET GINA : THE FIRST STATUTE TO BAN EMPLOYER INTERNET SEARCHES?
By Jackson Lewis P.C. on
Posted in Uncategorized
‘GINA’ ‘illegal requesting’ ‘genetic information’ ‘likely result in obtaining genetic information’…
Continue Reading MEET GINA : THE FIRST STATUTE TO BAN EMPLOYER INTERNET SEARCHES?
MEET GINA: INTERESTED? YOU SHOULD BE.
By Jackson Lewis P.C. on
Posted in ADA
‘GINA’ ‘medical examination’ ‘health risk assessment’ ‘medical certification’ ‘internet research’…
Continue Reading MEET GINA: INTERESTED? YOU SHOULD BE.
Obese Study Participants Deny Obesity; Employees Generally Favor Workplace Wellness Incentives
By Jackson Lewis P.C. on
Posted in Health Management
‘wellness’ ‘obesity’ ‘workers compensation’ ‘absenteeism’ ‘obese’…
Continue Reading Obese Study Participants Deny Obesity; Employees Generally Favor Workplace Wellness Incentives
Rosa’s Law: “Intellectual Disability” Replaces “Mental Retardation” in Federal Laws
By Jackson Lewis P.C. on
Posted in Uncategorized
‘mental retardation’ ‘Rosa’s law’ ‘intellecutal disability’…
Continue Reading Rosa’s Law: “Intellectual Disability” Replaces “Mental Retardation” in Federal Laws
CHANGING JOB FUNCTIONS: THROUGH AN ADA LOOPHOLE, INTO AN EEOC NET?
By Jackson Lewis P.C. on
Posted in ADA
‘essential job functions’ ‘incontnent court reporter’ ‘qualfied individual with a disability’ ‘lifting restriction’…
Continue Reading CHANGING JOB FUNCTIONS: THROUGH AN ADA LOOPHOLE, INTO AN EEOC NET?
Federal Report is a Compliance Checklist for Workplace Wellness Programs
By Jackson Lewis P.C. on
Posted in ADA
“wellness program” ‘GINA’ ‘voluntary wellness program’ ‘EEOC’ ‘insurance safe harbor’…
Continue Reading Federal Report is a Compliance Checklist for Workplace Wellness Programs
ADAAA’s Judicial Debut: Cancer in Remission is a “Disability,” Regardless of Whether it Substantially Limits a Major Life Activity
By Jackson Lewis P.C. on
Posted in ADA
Since the Americans with Disabilities Act Amendments Act was not retroactive, ADA court decisions addressing facts that arose prior to January 1, 2009, the ADAAA’s effective date, have continued to apply the original ADA, including the now-overruled Supreme Court decisions in the Sutton trilogy and Toyota Motor Manufacturing, Kentucky, Inc. v. Williams.
Now…