News & Analysis as of

Americans with Disabilities Act (ADA) Job Applicants Genetic Information Nondiscrimination Act

Constangy, Brooks, Smith & Prophete, LLP

Employers, don't get tripped up in this "GINA" trap

Asking about family history is usually illegal. Oh. My. Gosh. United Airlines required post-offer medical examinations for its new hires. Nothing wrong with that -- it's specifically allowed under the Americans with...more

DirectEmployers Association

OFCCP Week In Review: February 2022 #4

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Adams and Reese LLP

Beat the Bots: Employer Risk in Delegating Hiring Practices to Artificial Intelligence— A Dilemma Worth Solving

Adams and Reese LLP on

As the hiring market surges in the post COVID-19 world, companies may be tempted to automate hiring systems by adopting artificial intelligence (AI), freeing up human resources professionals to engage with candidates at a...more

DirectEmployers Association

OFCCP Week In Review: December 2020 #3

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

DirectEmployers Association

OFCCP Week In Review: October 2020 #3

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Dentons

HR Quick Takes: Pre-Employment Physical

Dentons on

Q: What can I ask about in a pre-employment physical?  A: The ADA requires that any substantive health inquiry happen post contingent offer. You are limited to items that are relevant to job performance....more

Miles & Stockbridge P.C.

Seventh Circuit Rules the ADA Does Not Protect Future Disabilities

Miles & Stockbridge P.C. on

On October 29, 2019, the Seventh Circuit held that Burlington Northern Santa Fe Railway Company (“BNSF”) did not violate the Americans with Disabilities Act (“ADA”) by refusing to hire a job applicant due to his obesity. The...more

U.S. Equal Employment Opportunity Commission...

SMS Group to Pay up to $62,000 to Resolve EEOC Discrimination Finding

SMS Group Must Refrain from Requesting or Requiring Disclosure of Genetic Information - INDIANAPOLIS - SMS Group Inc., formerly known as SMS Technical Services, LLC and SMS Millcraft LLC, headquartered in Cranberry...more

Constangy, Brooks, Smith & Prophete, LLP

Medical Inquiries And The ADA

Here are seven things that every employer should know. The Americans with Disabilities Act has been law since 1992, and the rules regarding medical inquiries for applicants and employees have not changed much since that...more

Jackson Lewis P.C.

Top 5 Tips For Conducting Pre-Employment Medical Exams

Jackson Lewis P.C. on

In a recently filed lawsuit, the U.S. Equal Employment Opportunity Commission contends that Consolidated Edison Co. (“Con Ed”) violated the Americans with Disabilities Act (“ADA”) and the Genetic Information...more

McAfee & Taft

EEOC alleges medical exams and questionnaires violate ADA, GINA

McAfee & Taft on

The Americans with Disabilities Act (ADA) limits an employer’s ability to make disability-related inquiries or subject individuals to medical exams. No such inquiries or exams may be made until an offer of employment is made....more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Dollar General for Disability And Genetic Information Discrimination

Retail Giant Rescinded Job Offers Based on Disabilities and Demanded Family Medical History During Post-Offer Medical Exams, Federal Agency Charges - BIRMINGHAM, Ala. - Dolgencorp, LLC, dba Dollar General Stores, Inc.,...more

U.S. Equal Employment Opportunity Commission...

Use of Big Data Has Implications for Equal Employment Opportunity, Panel Tells EEOC

Public Commission Meeting Hears from Experts on Growing Use of Algorithms to Make Employment Decisions - WASHINGTON - Big Data-the use of algorithms, "data scraping" of the internet, and other means of evaluating tens...more

U.S. Equal Employment Opportunity Commission...

Court Grants Judgment In Favor Of EEOC in Disability and Genetic Discrimination Case

Grisham Farm's Mandatory Health History Form Violated Federal Laws, Court Rules - ST. LOUIS -- A federal judge ruled in favor of the U.S. Equal Employment Opportunity Commission (EEOC) on June 8, 2016 that a Mountain...more

Jackson Lewis P.C.

EEOC Files Suit Targeting Employment Application “Health History”

Jackson Lewis P.C. on

On March 22, 2016, the Equal Employment Opportunity Commission (“EEOC”) filed suit in the United States District Court for the Western District of Missouri against Grisham Farm Products, Inc. alleging that its employment...more

Bradley Arant Boult Cummings LLP

A Friendly Reminder from the EEOC—Don’t Toss Your Unselected Candidates’ Applications Just Yet

The EEOC recently filed suit against Coca-Cola Bottling Company of Mobile, asserting sex discrimination in violation of Title VII’s record retention provisions. The complaint alleges that Martina Owes applied in June 2010 for...more

Franczek P.C.

EEOC Issues Proposed Rule on Wellness Programs and the ADA

Franczek P.C. on

The Equal Employment Opportunity Commission (EEOC) has released its long-awaited proposed rule providing guidance on the application of the Americans with Disabilities Act (ADA) to employer-sponsored wellness programs....more

Epstein Becker & Green

EEOC Issues Proposed Wellness Program Amendments to ADA Regulations

Epstein Becker & Green on

On April 16, 2015, the Equal Employment Opportunity Commission (“EEOC”) released its highly anticipated proposed regulations (to be published in the Federal Register on April 20, 2015, for notice and comment) setting forth...more

U.S. Equal Employment Opportunity Commission...

Seed and Fertilizer Providers to Pay $187,500 for Genetic Information and Disability Discrimination

Class of Job Applicants Was Subjected to Illegal Medical Exams and Family Medical History Inquiries, EEOC Charged - SAN DIEGO, Calif. - Three Southern California seed and fertilizer providers - All Star Seed, Inc., La...more

U.S. Equal Employment Opportunity Commission...

Background Screening Company Adopts Revised Procedures in Cooperation with EEOC

DALLAS -- The U.S. Equal Employment Opportunity Commission (EEOC) and The Cole Group have reached an agreement reflecting the job applicant screening company's implementation of revised policies and practices to ensure that...more

Gray Reed

Recordkeeping Part I

Gray Reed on

Who does it apply to: In this edition, it varies according to the requirements of the particular law identified below. I am taking a short two-part break from my regular format to bring you the record keeping requirements...more

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