Date: May 29, 2013 5:07:12 PM CDT
The U. S. Equal Employment Opportunity Commission has just settled the Commission’s first lawsuit under the Genetic Information Non-discrimination Act.
The gist of the lawsuit claimed that the employer involved, Fabricut, had violated GINA because its contract medical examiner was requesting family medical history of job applicants and employees. The questionnaire used by the medical examiner asked about the existence of heart disease, hypertension, cancer and a number of other diseases in an applicant or employee’s family.
Employers should closely monitor questions and examinations being conduct by their medical examiners since employers are generally responsible for what is asked or done.
E. Fredrick Preis, Jr
BREAZEALE, SACHSE & WILSON, L.L.P.
Labor & Employment Law Section
909 Poydras St., Suite 1500
New Orleans, Louisiana 70112-4004
(504) 584-5470 - direct dial
(504) 584-5452 – facsimile