Since it was enacted in 2008, plaintiffs suing under the Genetic Information Nondiscrimination Act ("GINA"), 42 U.S.C. Section 2000ff et seq., have not had much success. Most cases have been dismissed at an early stage. As reported on our Disability, Leave and Health Management Blog, however, this summer the U.S. Equal Employment Opportunity Commission ("EEOC") burst on the scene with… Continue Reading
Recruiters are increasingly turning to social media to screen and recruit candidates. Jobvite’s 2012 Social Recruiting Survey found that 92% of respondents plan to use social media for recruiting. Often, recruiters are viewing and considering information that should not be utilized in the hiring process. LinkedIn is replete with information that should not be considered when… Continue Reading
Companies frequently receive requests for information about current and former employees. These requests often come in the form of an attorney’s demand letter or a subpoena and apply to the individual’s medical records. Failing to carefully think through whether and how to respond can be a costly trap for the unwary.
Does your HR staff know the limits on what they could tell prospective employers about former employees? In this case, the US Equal Employment Opportunity Commission (EEOC) alleged that 7-Eleven of Hawaii failed to keep a former employee’s medical information confidential by disclosing the information to a prospective employer, in violation of the ADA, which caused the… Continue Reading
Co-authors: Frank Alvarez, Michael Soltis, and Joseph Lynett ABC News has reported that a Fairfield, Connecticut woman, Pamela Fink, yesterday filed claims with the U.S. Equal Employment Opportunity Commission and the Connecticut Commission on Human Rights and Opportunities that her employer violated GINA when it terminated her employment on March 25, 2010. The federal Genetic Information… Continue Reading