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U.S. Master™ Wage-Hour Guide, 2007 Edition
Presents a first approach to the Fair Labor Standards Act (FLSA), summarizing
the basic legislation, demonstrating how the rules apply to particular
employment situations, and exploring practical aspects of employment arrangements
in light of the federal wage and hour law.
On May 1, 2008, the US House passed, by a vote of 414 to 1, a landmark bill designed to protect personal genetic information from misuse by employers and insurance companies. The US Senate passed the measure on April 24, 2008, by a vote of 95 to 0, and the bill will now go to the White House where President Bush is expected to sign it into law. The Genetic Information Nondiscrimination Act (GINA) (H.R. 493 as amended) would prohibit employers from using individuals' genetic information when making hiring, firing, job placement or promotion decisions. It would make it illegal for group health plans and health insurers to deny coverage to healthy individuals or charge them higher premiums based solely on a genetic predisposition to a disease. The purpose of the bill is to encourage Americans to take advantage of genetic testing without fear of discrimination.
"This bill unlocks the great promise of the Human Genome Project by alleviating the most common fear about genetic testing," said Representative Judy Biggert (R-IL), a cosponsor of the bill, in a May 1st statement. "It will accelerate research at the National Institutes of Health (NIH), and allow Americans to finally realize the benefits and health care savings offered by gene-based medicine."
The employment discrimination provisions of GINA would protect job-seekers and employees covered by Title VII of the Civil Rights Act of 1964 (i.e. those working for private employers with 15 or more employees) and specified federal government employees. GINA would provide for the same type of damages currently allowed under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act of 1990. GINA provides that the "disparate impact" theory of employment discrimination would not apply to this Act. However, it also requires that six years after its enactment, a Genetic Nondiscrimination Study Commission be established. The commission would be required to review the developing science of genetics and advise Congress on the advisability of providing for a disparate impact cause of action under this Act.
For more information on this and other topics, consult CCH Employment Practices Guide or CCH Labor Relations.
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