29 C.F.R. §1635.8 - Acquisition of genetic information
| Cite as | 29 C.F.R. §1635.8 |
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15 cases
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Higgins v. Union Pac. R.R. Co., 8:16CV539
...about an individual's current health status in a way that is likely to result in a covered entity obtaining genetic information." 29 C.F.R. § 1635.8(a). "The term ‘genetic information’ means, with respect to any individual, information about—(i) such individual's genetic tests, (ii) the gen......
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Jackson v. Regal Beloit Am., Inc., CIVIL ACTION NO. 16-134-DLB-CJS
...who continues to request or require genetic information during medical examinations after being informed not to do so.Page 35 29 C.F.R. § 1635.8(d). Thus, Regal had an affirmative duty to ensure Dr. Haskell did not violate GINA during the course of any medical examination.15 Lastly, Regal c......
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Aarp v. U.S. Equal Emp't Opportunity Comm'n, Civil Action No. 16–2113 (JDB)
...requires the individual to provide genetic information nor penalizes those who choose not to provide it." Id. at 68,935, codified at 29 C.F.R. §§ 1635.8(b)(2)(i)–(i)(B).However, against the backdrop of the ACA and the 2013 HIPAA regulations increasing the cap on incentives for wellness prog......
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Lee v. City of Moraine Fire Dep't, Case No. 3:13-cv-222
...professional who continues to request or require genetic information during medical examinations after being informed not to do so. 29 C.F.R. §1635.8(d)(emphasis added). The City also repeatedly attempts to establish that the request of genetic information qualifies under the wellness progr......
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36 firm's commentaries
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Annual Report on EEOC Developments – Fiscal Year 2016
...328 29 CFR 1630.14(d)(3). 329 29 CFR 1630.14(d)(4). 330 Id. 331 29 CFR 1635.8(2). COPYRIGHT ©2017 LITTLER MENDELSON, ANNUAL REPORT ON EEOC DEVELOPMENTS: FISCAL YEAR 2016 47 incentive for a spouse of an employee to provide information about the spouse’s current or past health status.332 Furt......
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Inaugural Report of Littler’s Global Workplace Transformation Initiative
...Camp, LLC, 587 F. Supp. 2d 548, 562 (S.D.N.Y. 2008).54 42 U.S.C. § 12112(d)(4)(a).55 42 U.S.C. §§ 2000ff(4)(A)(iii), 2000ff–1(b).56 29 C.F.R. § 1635.8(b)(1); 42 U.S.C. §§ 12101-12213.57 42 U.S.C. §§ 12112(a), 2000ff-1(a).58 42 U.S.C. § 2000e-2(a).59 See 138 S. Ct. 2206, 2223 (2018).60 See, ......
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EEOC Issues Final Regulations for Employers Under the Genetic Information Nondiscrimination Act
...based on medical condition or disability. 5 29 C.F.R. § 1635.3(c)(iii). 6 75 Fed. Reg. at 68,915; 29 C.F.R. § 1635.3(a)(1). 7 29 C.F.R. § 1635.8(b)(1). 8 29 C.F.R. § 1635.8(b)(1)(ii)(B). For example, the employer should not ask whether other family members have the condition. 9 29 C.F.R. § ......
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Social Media -- Policies, Litigation, and Trends
...§ 654, 5(1)(a). 11 GINA generally prohibits covered entities from intentionally obtaining genetic information regarding employees. 12 29 CFR § 1635.8(b)(ii)(D) provides an exception to the prohibition against obtaining genetic information may exist where “A manager … inadvertently learns ge......
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2 books & journal articles
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Employer rules and policies
...the EEOC has set forth “safe harbor” language for employers to use in policies and forms that may implicate genetic information. See 29 CFR §1635.8 (2011). Therefore, employers should consider inserting the following regulatory “safe harbor” language in policies and forms where genetic info......
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'Gating' through wellness programs under proposed EEOC regulation.
...through deductibles, copays, and other cost-sharing mechanisms) is unclear. On October 30, 2015, the EEOC issued proposed amendments to 29 C.F.R. 1635.8 and .11, affecting Wellness Programs under the Genetic Information Nondiscrimination Act (GINA), which generally protects employees from d......