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BT Currents - Hot Topics in Employment Law
GINA Compliance

24 Nov It’s Time to Give Your Employee Wellness Programs a Check-Up to Ensure Compliance with GINA

  The U.S. Court of Appeals for the Fifth Circuit recently provided employers with some food for thought in considering their employee wellness programs in relation to the Genetic Information Nondiscrimination Act (GINA). In Ortiz v. City of San Antonio Fire Dep’t. (SAFD), the collective bargaining unit allowed for a mandatory wellness program for all SAFD employees. As part of SAFD’s mandatory requirements, all uniformed employees were required to submit to a “job-related medical evaluation,” which included a physical exam; blood and urine tests; and testing…

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23 Nov Federal Court Allows ADEA “Pattern-or-Practice” Claim to Proceed

Earlier this week, a federal district court in Florida allowed the Equal Employment Opportunity Commission’s (EEOC) pattern-or-practice discrimination claim against a national restaurant chain to proceed (EEOC v. Darden Restaurants, Inc.). The EEOC brought its lawsuit against Darden Restaurants, Inc., alleging the company had hiring practices that favored younger applicants over those who were older, and that such practices violated the Age Discrimination in Employment Act (the ADEA). In support of these allegations, the agency relied on data showing Darden’s hiring of individuals over 40-years-old…

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30 Oct EEOC Proposes Six Substantive Changes to Title II GINA Regulations

The EEOC is seeking comments on proposed regulations that would allow employers that offer wellness programs as part of group health plans, to provide limited incentives or inducements in exchange for an employee’s spouse providing certain information about his or her health status.  Such incentives include, but are not limited to, both financial inducements and in-kind inducements such as paid time off.   On Oct. 30, the EEOC issued a Notice of Proposed Rulemaking (NPRM) which would amend the regulations related to Title II of…

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26 Oct EEOC News – Online Charge System Now In Place

On May 6, 2015, the Equal Employment Opportunity Commission (EEOC) announced it would be rolling out a new digital charge system to improve customer service and to reduce the use of paper submissions and files. The system is set up to facilitate the secure digital transmission of documents between the EEOC and employers. Employers should start seeing the effects of this change soon, if they have not already. This system applies to private and public employers, unions and employment agencies.   The EEOC initially rolled out the…

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22 Oct EEOC Defends “Mark of The Beast” Ruling – Religious Beliefs Don’t Have To Make Sense To Be Protected

In August 2015, the EEOC prevailed in a religious discrimination lawsuit against Consol Energy and was awarded in excess of $500,000.00.  Former Consol mine worker Beverly Butcher, who had been with the company for over 35 years, refused to use Consol’s new biometric hand scanners that were installed to track employee time and attendance.  He explained that he believed that scanners would leave the “mark of the beast” and would be a sign for the antichrist.  Consol required Butcher to use the scanners and refused…

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