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Feds Need Peripheral Vision Too When Managing Employee Leaves

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 … Continue reading Feds Need Peripheral Vision Too When Managing Employee Leaves
December 5, 2010

MEET GINA: IN CASUAL CONVERSATION, KEEP IT GENERAL TO KEEP IT LAWFUL

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. … Continue reading MEET GINA: IN CASUAL CONVERSATION, KEEP IT GENERAL TO KEEP IT LAWFUL
November 28, 2010

MEET GINA: “ACTIVE” LISTENING BY EMPLOYERS BANNED

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 who “actively … Continue reading MEET GINA: “ACTIVE” LISTENING BY EMPLOYERS BANNED
November 27, 2010

MEET GINA : THE FIRST STATUTE TO BAN EMPLOYER INTERNET SEARCHES?

'GINA' 'illegal requesting' 'genetic information' 'likely result in obtaining genetic information'
November 23, 2010

MEET GINA: INTERESTED? YOU SHOULD BE.

'GINA' 'medical examination' 'health risk assessment' 'medical certification' 'internet research'
November 22, 2010

Obese Study Participants Deny Obesity; Employees Generally Favor Workplace Wellness Incentives

'wellness' 'obesity' 'workers compensation' 'absenteeism' 'obese'
October 24, 2010

Rosa’s Law: “Intellectual Disability” Replaces “Mental Retardation” in Federal Laws

'mental retardation' 'Rosa's law' 'intellecutal disability'
October 23, 2010

CHANGING JOB FUNCTIONS: THROUGH AN ADA LOOPHOLE, INTO AN EEOC NET?

'essential job functions' 'incontnent court reporter' 'qualfied individual with a disability' 'lifting restriction'
October 2, 2010

Federal Report is a Compliance Checklist for Workplace Wellness Programs

"wellness program" 'GINA' 'voluntary wellness program' 'EEOC' 'insurance safe harbor'
September 26, 2010

ADAAA’s Judicial Debut: Cancer in Remission is a “Disability,” Regardless of Whether it Substantially Limits a Major Life Activity

  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, nearly … Continue reading ADAAA’s Judicial Debut: Cancer in Remission is a “Disability,” Regardless of Whether it Substantially Limits a Major Life Activity
September 21, 2010

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