I know, I know. I’ve already blogged about this subject—about how employers shouldn’t be asking about family medical history. But the Equal Employment Opportunity Commission (EEOC) has once again charged an employer with violating the Genetic Information Nondiscrimination Act (GINA). And the employer also asked questions about the disabilities of applicants in violation of the Americans With Disabilities Act (ADA).
The name—Genetic Information Nondiscrimination Act—suggests something straight forward: Employers can’t order DNA tests for potential employees. And what employer in a right mind would be doing that in the first place? It’s expensive, after all.
A recent decision of the United States District Court for the Northern District of Georgia illustrates the importance of employee privacy protections even in the face of the most foul sorts of conduct.
To assist employers in complying with the Family Medical Leave Act (FMLA), the Wage and Hour Division (WHD) of the U.S. Department of Labor has issued some model forms for use in the medical certification process. Using these forms is a great way for an employer to ensure compliance with the FMLA. These forms have recently been updated because of some changes to the FMLA. The new forms are available here: