Employment Laws: Disability Accomodation

937 Words4 Pages
Introduction Employment laws are a growing topic, within company offices in almost every business entity. Employment laws extend back for decades; however, changes to newly mandated government initiatives have raised new sets of questions for compliance officers. The Genetic Information Nondiscrimination Act 2008 The federally mandated Genetic Information Nondiscrimination Act of 2008 (GINA) is one in particular that has pushed the compliance officer to consider its actions when developing health care plans for its employees. This anti-discriminating law restricts company employment practices from discriminating against individuals based on their genetic makeup or family’s genetic history (Kalter, 2012). The law prevents companies from increase insurance premiums, cancelling policies based on genetic information obtained voluntary or involuntary. This law took effect in November 2009, it also prevented health care insurance issuers from collecting genetic information, but it also addressed wellness programs sponsored by employers. As it stands now, the law only covers companies with fifteen or more employees. Since GINA passed, employers have re-evaluated their disclosure policy in their wellness programs to exclude questions that require family medical history information. GINA also provided employers further guidance on how they collect information from third party entities, when employers request medical information about leave or disability accommodation, the employer must include a “safe harbor” clause, so doctors understand not to include any genetic information about their patients in their reports (Kalter, 2012). Rationale The cost of health care has increased and more companies are creating wellness programs that offer... ... middle of paper ... ...ill precede going forward with benefits and recruiting. References Hodgson, M. D., & Sanders, S. (2010). EEOC finally at full strength • New FTC rules highlight potential liability for employee “endorsements” • Interim final GINA rules limit employers' gathering and utilizing employees' genetic information •.. Employment Relations Today (Wiley), 37(1), 61-72. doi:10.1002/ert.20286 Kalter, J. J. (2012). Emerging trends: in labor and employment law. On Balance, 8(1), 24-25. Moran, A. E. (2013). Wellness Programs after the Affordable Care Act. Employee Relations Law Journal, 39(2), 75-83. Quyen-Nguyen, B. (2001). The fair labor standards act: Nurses should be familiar with how the law applies to them. American Journal of Nursing, Volume 101(8), 79. Walsh, D. (2012). Employment law for human resource practice. (4 ed.). Macon: South-Western Legal Studies in Business.

More about Employment Laws: Disability Accomodation

Open Document