Jan 152014
 January 15, 2014  Posted by  Laws, U.S., Workplace

Joseph Lazzarotti writes:

As one nursing facility in New York has learned, asking employees or applicants about their family medical history can violate the Genetic Information Nondiscrimination Act (“GINA”) and draw the ire of the U.S Equal Employment Opportunity Commission (EEOC). Founders Pavilion, Inc., a former Corning, N.Y. nursing and rehabilitation center, will pay $370,000 to settle discrimination claims, the agency reported.

To help avoid these kinds of claims, check out our GINA FAQs. As discussed in those FAQs, under the GINA regulations, employers can take steps to protect themselves from liability such as by using a GINA “Safe Harbor Notice” – a statement directing the doctor not to ask for and/or disclose “genetic information” (i.e., family medical history).

Read more on Workplace Privacy Data Management & Security Report.

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