On May 21, 2008 President Bush signed into law GINA which makes it illegal for employers to discriminate against employees based on an individual's genetic make-up. This law disallows employers from discriminating in hiring, firing, job placement, promotion or other employee decisions based on an employee's genetic profile. Additionally, GINA protects employees from insurance plans denying coverage or charging more based on an employee's tendency to certain diseases in the future.
This new legislation addresses the fear that new genetic testing could open the door to discrimination in both the workplace and in healthcare. Without this legislation, employers could weed out potentially high maintenance employees. Employers can no longer ask employees for genetic information. In short, GINA protects employees from having their DNA used against them, making personal genetics another protected class alongside of race, religion, creed, etc.
The EEOC will enforce the new laws and a new federal EEO posting should be released in early 2009.
July 15, 2008 by Butts
Currently, there are 7 postings that make up the basic Federal Labor Law Poster. These postings are the Federal Minimum Wage, USERRA, Polygraph Protection, Equal Employment Opportunity, FMLA, FMLA Military Supplement, and the OSHA posting. Statutes and Regulations enforced by the Department of Labor require employers to post these notices in the workplace. It is important for employers to understand each of these notices as these regulations not only must be posted but followed as business practice.
The Minimum Wage Posting, also known as the Fair Labor Standards Act displays the minimum wage, overtime pay and child labor standards. The current posting displays a staged minimum wage. It shows the previous minimum wage, the current minimum wage of $6.55, and the future minimum wage of $7.25 beginning in July of 2009.
The USERRA or Uniformed Services Employment and Reemployment Act defines service members’ rights of reemployment upon return from uniformed services including The National Guard. In addition, USERRA also prohibits employers from discrimination based on military obligation or service.
The Employee Polygraph Protection Act (EPPA) prohibits many private employers from using lie detector tests either during employment or for screening of employment candidates. Generally employers are barred from discriminating against employees who refuse to submit to a polygraph test. Employers are required to post the EPPA poster in the workplace.
The Equal Employment Opportunity or (EEO) poster spells out discrimination that will not be tolerated for three types of employers. These are employers holding Federal Contracts, Private Employers, and Programs receiving Federal Financial Assistance. Types of discrimination covered include: race, age sex, disability, color, national origin and religion. The posting is equipped with contact information to report any complaints in these areas.
The Family Medical Leave Act or (FMLA) provides balance between employees work life and family life. Unpaid leave is allowed for certain medical and family reasons. Reasons for unpaid leave include birth or adoption care, immediate family member care, or an employee’s own health care. The FMLA was amended on January 28, 2008. Among other changes, the act will now permit up to 26 weeks of leave for members of the armed forces. A supplemental posting has been made available by the Department of Labor and a new permanent FMLA posting is expected to be released in mid 2008. This supplemental and temporary posting is called the FMLA Military Family Poster.
Finally, the Occupational Safety and Health Act (OSHA) was enacted to insure that employees have a safe and healthful work environment. States are also allowed to create their own state run safety programs as long as they are at least as effective as the federal program. Enforcement is carried out by OSHA. The poster spells out employees rights to safety as well as informs them of complaint filing information.
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