Daily Labor Report® is the objective resource the nation’s foremost labor and employment professionals read and rely on, providing reliable, analytical coverage of top labor and employment...
Nov. 2 — A New York home care provider for seniors will pay $125,000 to settle an EEOC lawsuit claiming the company violated federal anti-discrimination law by requesting genetic information from its employees and job applicants ( EEOC v. BNV Home Care Agency, Inc. , E.D.N.Y., No. 14-cv-5441, consent decree entered 10/31/16 ).
BNV Home Care Agency Inc. violated the Genetic Information Nondiscrimination Act by asking questions about family medical history on an employee health assessment form, the Equal Employment Opportunity Commission said in a 2014 complaint.
A federal district court in New York Oct. 31 approved a three-year consent decree that requires BNV to stop asking applicants and employees about family medical histories and to train its employees on federal anti-discrimination rules.
BNV will pay the settlement to a class of current employees who were asked the impermissible questions.
The EEOC has filed six GINA lawsuits since the act took effect in November 2009, according to agency statistics through fiscal 2015, the most recent year available.
The EEOC in fiscal 2015 received 257 discrimination charges alleging GINA violations, just 0.3 percent of all charges the agency received.
The law generally bars employers from asking about workers’ genetic information, which includes family medical history, except under limited circumstances spelled out in the statute.
An attorney representing BNV wasn’t immediately available for comment Nov. 2.
EEOC attorneys in New York and Newark, N.J., represented the agency. Samuel & Stein and Cole Schotz P.C. represented BNV.
To contact the reporter on this story: Kevin McGowan in Washington at email@example.com
Text of the consent decree is available at http://www.bloomberglaw.com/public/document/Equal_Employment_Opportunity_Commission_v_BNV_Home_Care_Agency_In/1.
Copyright © 2016 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)