Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: June 7, 2013
The Firm
201-896-4100 info@sh-law.comThe Equal Employment Opportunity Commission (EEOC) has finally delivered on its promise to enforce the Genetic Information Nondiscrimination Act (GINA). Even though Congress passed the law back in 2008, enforcement has been virtually non-existent until recently. Last month, the EEOC announced that it had filed lawsuits against two employers for GINA violations involving medical exams.
As a reminder, GINA prohibits the use of genetic information in making employment decisions in any aspect of employment, such as hiring, firing, promotions, or any other term or condition of employment. Genetic information not only includes information about genetic testing results, but also includes inquiries into the applicant’s family medical history.
In both cases, the defendant-employers required applicants to submit to pre-employment medical exams, which included family medical history questions. In the case against defendant Fabricut, Inc., the medical examiner’s questionnaire allegedly inquired about the existence of heart disease, hypertension, cancer, tuberculosis, diabetes, arthritis and other disorders in the applicant’s family.
Fabricut, Inc. settled the suit for $50,000 while maintaining that it was not aware of the unrelated medical examiner’s request for family history information in the first place and that it never considered such medical history as part of the hiring process.
Despite the lack of intent by the defendant, the EEOC still found the mere use of the medical history questionnaire a significant GINA violation. “GINA applies whenever an employer conducts a medical exam, and employers must make sure that they or their agents do not violate the law,” said Elizabeth Grossman, the regional attorney in the EEOC’s New York District Office.
For employers, these suits should certainly be a “wake up call.” We encourage all employers to review their policies and procedures to ensure that all medical-related requests comply with GINA. When dealing with third parties, employers can take advantage of a safe harbor provision in GINA by including language in all medical requests that instructs employees/applicants to refrain from answering any questions regarding family medical history and genetic testing.
If you have any questions about the EEOC recent enforcement actions or would like to discuss your company’s GINA compliance, please contact me, Gary Young, or the Scarinci Hollenbeck attorney with whom you work.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Case law following the 2010 amendments to Federal Rule of Civil Procedure 26 offers guidance on how courts are likely to address whether an expert witness’s AI records are subject to discovery. Key Takeaways Rule 26 Expert Discovery After the 2010 Amendments This article addresses the question courts and lawyers have faced in recent cases: […]
Author: Chris Seelinger

“Show how 3M is 0% at fault.” The absurd tale of how a 350-page ChatGPT history for 3M’s expert witness was produced during a deposition is more likely than you think. It’s an inevitable trend, and an unsettled question for federal courts as experts make generative AI part of their workflow. Key Takeaways Expert Witness […]
Author: Chris Seelinger

Screenshots have changed the risks of electronic communications. The screenshot problem is that messages intended for one person or a small group can be copied, forwarded, preserved, and ultimately presented to opposing counsel, regulators, journalists, customers, or a jury. Businesses should recognize that a truly private digital conversation is increasingly unreliable and ensure their policies, […]
Author: Sean M. Pena

Developers, engineering, procurement, and construction (EPC) contractors, and equipment suppliers each play a critical role in completing a BESS project. However, when equipment costs rise, deliveries are delayed, or regulations change, determining who bears the financial consequences can become contentious. Well-drafted project agreements are essential to sound risk allocation. Key Takeaways This article is Part […]
Author: Nicholas Wall

IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]
Author: Michael Mietlicki

When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]
Author: Sean M. Pena
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!