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EEOC Conciliation Agreement Highlights Employer Compliance Obligations Under GINA Regarding COVID-19 Policies
Poyner Spruill LLP
[Guidance Overview] July 11, 2022 "Consistent with its Technical Assistance, the EEOC determined that [a Florida employer] violated GINA by requesting its employees to disclose information about the COVID-19 testing of employees' family members. The EEOC concluded that seeking such testing results constituted impermissible medical questions about the 'manifestation of a disease or disorder of an individual's family members.' The EEOC's investigation apparently did not reveal that [the employer] had otherwise discriminated against its employees on the basis of any genetic information which had been collected. But ... an employer engages in unlawful conduct merely by impermissibly requesting such information." |
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