THE ALPHABET SOUP OF REGULATIONS: What s new with ADA, FMLA, GINA and the EEOC?
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1 DIVISION OF FINANCE THE ALPHABET SOUP OF REGULATIONS: What s new with ADA, FMLA, GINA and the EEOC? May 19, 2011 Texas A&M University,
2 Page 2
3 What we will cover today Americans with Disabilities Act Amendments Act (ADAAA) Family and Medical Leave Act (FMLA) Genetic Information Non-discrimination Act (GINA) Equal Employment Opportunity Commission (EEOC) Other Page 3
4 The Americans with Disabilities Act Amendments Act (ADAAA) A A A Page 4
5 The Americans with Disabilities Act Amendments Act The ADAAA is federal legislation that prohibits discrimination against qualified individuals with disabilities in all employment practices, including: Job application procedures Hiring Firing Advancement Compensation Training Other privileges of employment Page 5
6 Americans with Disabilities Act Amendments Act What is a disability? Record of Regarded as Major life activity Short term or temporary disabilities Page 6
7 Americans with Disabilities Act Amendments Act Reasonable Accommodation Essential job functions Triggers What does the ADA AA mean to you? Page 7
8 The Family and Medical Leave Act (FMLA) A L Page 8
9 The Family and Medical Leave Act The Family and Medical Leave Act (FMLA) allows qualified employees to have up to 12 weeks of job protected leave per fiscal year for: the birth/adoption/placement in foster care of a child the care of a child, spouse or parent with a serious health condition the employee s own serious health condition the care of a covered military service member. Page 9
10 Family and Medical Leave What is FMLA? 12 weeks of leave for a qualifying reason Paid or unpaid Job protection Page 10
11 Qualifying for Family and Medical Leave Work for the employer for at least 12 months in the past 7 years Work a minimum of 1250 hours in the past 12 months Serious health condition of the employee or employee s family member Birth, adoption or placement of foster child Military exigency Additional leave to care for family member who suffered an injury or illness while on active duty Page 11
12 Family and Medical Leave When? Intermittent leave What happens when leave is used up? Triggers Is it always 12 weeks? How to apply for FMLA Page 12
13 The Genetic Information Non-Discrimination Act (GINA) N I Page 13
14 The Genetic Information Non-Discrimination Act (GINA) What does GINA cover? How does it affect employment? Inadvertent disclosure Safe harbor language Page 14
15 The Genetic Information Non-Discrimination Act (GINA) Final regulations issued by EEOC effective January 11, Prohibits use of genetic information in employment - hiring, firing, promotion, job placement, etc. Restricts employers from requesting, requiring or purchasing genetic information (e.g. for health insurance decisions) Strictly limits the disclosure of genetic information Page 15
16 The Genetic Information Non-Discrimination Act (GINA) Inadvertent Acquisition Watercooler Exception Overhearing a conversation Casual conversation Probing questions Safe Harbor Language Directs an individual or healthcare provider to NOT provide genetic information. Confidentiality Information kept separate from personnel files Page 16
17 The Genetic Information Non-Discrimination Act SAFE HARBOR language on the University s Certification of Health Care Provider Form - Physician s Instructions : The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of employees or their family members. In order to comply with this law, we are asking that you not provide any genetic information when responding to this request for medical information. Genetic information, as defined by GINA, includes an individual s family medical history, the results of an individual s family medical history, the results of an individual s or family member s genetic tests, the fact that an individual or an individual s family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual s family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services. Page 17
18 The Equal Employment Opportunity Commission (EEOC) E Page 18
19 Equal Employment Opportunity Commission Enforces laws making it illegal to discriminate against a job applicant or employee on the basis of: Race Color Religion Sex (including pregnancy) National Origin Age (40 or older) Disability Genetic Information Page 19
20 Equal Employment Opportunity Commission Enforces laws making it illegal to retaliate against a person because the person: Complained about discrimination Filed a charge of discrimination Participated in an employment discrimination investigation or lawsuit Page 20
21 Equal Employment Opportunity Commission Discrimination with regard to Title VII of the Civil Rights Act, ADA AA, ADEA, and GINA Retaliation cases Adverse action taken because an employee participates in a protected activity Claims increased 35% in the last decade (New)Third party retaliation Page 21
22 Miscellaneous L N I S C e A o US Page 22
23 Coming Attractions What will the future bring? More legislation? How to stay up to date (webinars, newsletters) Page 23
24 Relevant Policies, Regulations, and Rules System Policy Ethics System Policy Civil Rights System Regulation Civil Rights Compliance (pending) University Rule M1 Civil Rights Compliance University Rule M1 Sexual Harassment System Regulation Family and Medical Leave System Regulation Unemployment Compensation Program System Regulation Employment Practices Page 24
25 Any Questions? Page 25
26 Tom Owen, Director Sheri Yetter, Manager Policy & Practice Review Page 26
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