EEOC's GINA Regulations -- Required Changes For Employers

The EEOC is preparing to issue its long-delayed regulations interpreting the Genetic Information Nondiscrimination Act of 2008 (GINA). The law imposed a number of confidentiality and other non-disclosure requirements on employers but also left many ambiguities. The new regulations will attempt to explain the various ways GINA will implicate your personnel policies. The rules come at a critical time, as genetic self-testing kits are appearing in drugstores and lawsuits are being filed claiming genetic discrimination. The advent of new technology and new legal liabilities makes understanding these new regulations a necessity for employers and HR professionals.

This 90-minute interactive audio conference is a “must attend” for those who need to understand how the new changes will alter an employer’s obligations and limitations under the current GINA law.

Learning Points and Questions To Be Answered:

• What are the current EEOC changes to GINA?
• When is genetic information “inadvertently acquired”?
• Is information on the Internet “published” and no longer considered confidential?
• Can genetic information learned as part of an FMLA request be used to assess a workers compensation claim?
• Under what circumstances may group health plans request and/or receive genetic information?
• How can I run a wellness program if I can’t ask about family medical history?
• What are the penalties for failure to comply with GINA?

Attendees Who Will Benefit From This Audio Conference Include:

• Employee Benefits Professionals
• Plan Administrators
• Third Party Administrators (TPAs)
• Human Resources Managers who oversee employee benefit plans
• Corporate Counsel
• Actuaries for Retirement Plans

Burton J. Fishman has devoted his practice to developing the “law of the workplace,” an interdisciplinary approach that offers employers counsel and representation on a broad range of matters growing out of government regulation of business. He was recognized in 2007 as a Washington SuperLawyer in the labor and employment field by Washington Law & Politics magazine. His experience extends to the full spectrum of employment and labor matters, ranging from employment discrimination, the Americans with Disabilities Act (ADA), affirmative action, and the Employee Retirement Income Security Act to wrongful termination. In recent years, Mr. Fishman has taken a leading role nationally in advising the business community on the impact of the ADA, sexual harassment, and the evolving law of genetic discrimination, on the last of which he has frequently testified before Congress on behalf of the employer community. He has represented clients throughout the nation in proceedings before the Equal Employment Opportunity Commission, the U.S. Department of Labor, the National Labor Relations Board, and in arbitrations and courts at all levels.

A widely-recognized author of over 100 books and articles on workplace issues, Mr. Fishman also writes a featured column on the ADA for Thompson Publishing Group and is the author or The ADA: Ten Years After, HR Guide to Employee Management; The HR Question and Answer Book; Workplace Privacy; and Workplace Accommodations for Disability and Religion. Mr. Fishman is an experienced speaker on employment issues, including several presentations at SHRM national meetings, at the American Bar Association Annual Convention, and at similar gatherings throughout the country.