The Genetic Information Nondiscrimination Act (GINA) generally prohibits employers from requesting, requiring, or purchasing genetic information. However, the Act sets forth specific exceptions to that prohibition, one of which allows an employer to acquire genetic information about an employee or that employee’s family members when the employer offers a wellness program to employees on a
July 2011
Non-impaired employee may be able to bring a claim under the ADA’s “associational disability” provision.
By Maria Danaher on
Posted in ADA
In an issue of first impression for the court, the 6th U.S. Circuit Court of Appeals has upheld the dismissal of an individual’s claim under the “associational discrimination” provision of the Americans with Disabilities Act. Stansberry v. Air Wisconsin Airlines Corp., 6th Cir., No. 09-2499, July 6, 2011. In that case, an employee claimed that…
To invoke FMLA protection for care of another, some geographic proximity is required by the employee.
By Maria Danaher on
Posted in FMLA
In an unpublished opinion, the 5th U.S. Circuit Court of Appeals has held that an individual who requests FMLA leave to care for a seriously ill family member must have some role in providing the “care” required by the relative’s illness. According to the Fifth Circuit, a father who left his seriously injured daughter in…