EEOC
The Genetic Information Nondiscrimination Act of 2008 (GINA), allows for individuals to keep their genetic information confidential, providing them protection against bias in the workplace in obtaining health insurance and other areas. GINA affects hiring practices in the workplace; it is illegal for a company to request family medical history or genetic information. If an employee feels that genetic and family medical history was obtained by an employer and that employee is subsequently fired (even if for a performance related or other reason) the employee legally has the right to claim and adverse action on the part of the employer due to the genetic information the employer received. The burden of proof would reside with the employer to prove the adverse employment action was not related to the medical information uncovered. Even casual conversations can put an employer at risk for being in violation of GINA. For example, asking a simple "how was your weekend" question or expressing sympathies for a sick loved one of an employee could be considered "probing" as the employer might uncover information about the employees personal and/or family medical and genetic history.
With GINA, health insurance carriers can no longer deny coverage to a person based on his or her genetic and medical history. Prior to GINA health insurers could deny an individual coverage simply because they think a person "may" develop a disease in the future. Because of this, many individuals intentionally neglect to share their health history for fear of an adverse action. Health insurance underwriters cannot collect genetic information for the purpose of determining eligibility nor can employer wellness programs use genetic information and family history in "health assessments" and other tools. Both employers and health insurance companies must reassess their current tools and ensure that the assessments and tools they use to assess overall health and well-being must be aligned so they are not in violation of GINA.
Private health care insurers...
Compliance and the HR Functions Human Resource function is an important aspect for nearly all organizations regardless of whether they are small or medium-sized organizations with 20-100 and 100-500 employees. The significance of this function is shown by statistics associated with effective management and constant organizational growth. Companies usually make costly mistakes that are preventable due to lack of HR professional guidance from internal HR professionals and outside HR consultant. Some
Letter to Support the Genetic Information Nondiscrimination Act of 2008 (GINA) The Genetic Information Nondiscrimination Act of 2008 (GINA) is an Act of U.S. Congress that makes it illegal for employers and health insurance companies to use genetic information against an individual. For instance, if a person has a genetic predisposition to a particular disease that runs in his or her family tree, an insurer is not allowed to use
laws that affect business, pertaining to the issues of employment, health and safety, unions, discrimination, privacy and job security. These laws guide how businesses should conduct themselves in the human resources function, setting constraints on employer behavior. This paper will outline a number of these laws with respect to how they affect the employer. Employment and Discrimination There are several laws that fall into the category of civil rights laws. The
Allegations of discrimination can be justified based upon an argument of disparate impact and disparate treatment. Disparate treatment is the more familiar of the two concepts: it is when an employer treats a member of a protected category differently than other employees, such as prohibiting women from working in certain occupations outright. For a case of disparate treatment to be valid in a court of law, the employer must manifest
Employment Law Case One: A. Ms. Riyadh is employed as an account executive with ABC Advertising ("ABC"). ABC is a national marketing and advertising firm specializing in domestic and international advertising. ABC has its corporate headquarters in this state and represents many major public and private corporations throughout the United States. Ms. Riyadh began working with ABC as a summer intern during her senior year in business school, and was hired
VA HR The purpose of this report is to accurately describe the systems and procedures at the Veterans Administration (VA). This report will fully analyze the history of legislation and court decisions that have implications to the agency's personnel management. Additionally this report will examine the major components of the agency's human resource system's goals and practices regarding hiring and recruitment practices. Finally the report will list recommendations that can improve
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