Eighteen months after it was first signed into law by President Bush, Title II of the Genetic Information Nondiscrimination Act of 2008, also known as GINA, will take effect this Saturday, November 21, 2009. Title II prohibits employment discrimination based on genetic information, and imposes confidentiality obligations on employers who obtain such information. Title II's requirements are described below.
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A recent determination by the United States Supreme Court serves as a reminder that dealing with strikes is a particularly dangerous activity for employers and requires careful planning and counsel at every step. In the midst of an economic strike in 1999, a Connecticut nursing home/assisted living facility made the decision to hire permanent replacements. Ten years later, the unfair labor practice case generated by hiring the replacements has finally come to a close with the United States Supreme Court refusing to hear the case, and leaving the employer with a back pay liability that could reportedly exceed $3 million. The saga of the case provides lessons on both an employer’s use of permanent replacements, and on the potential economic consequences of fighting an unfair labor practice charge.
Continue Reading...It has been one full year since President Obama’s historic election and we can all breath a collective sigh of relief that nobody in Washington is even talking about the Employee Free Choice Act, right? In addressing this question, I will invoke what I consider to be the greatest movie title of all time – Clint Eastwood’s 1966 epic spaghetti western, “The Good, the Bad and the Ugly.”
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