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Part 1: Prefield Screening - a statute with a cute little name

GINA is 7 years old now, but she’s not a sweet little girl. The acronym stands for the Genetic Information Nondiscrimination Act, passed in 2008, and it is intended to prevent employers from acquiring genetic information about employees and/or discriminating against them on that basis, particularly using that information in the hiring process. Sounds like a no-brainer. As we acquire more genetic information about ourselves, we don’t want it used against us. 

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Response: When You Can Require Counseling for Workers

get help!Brent, this used to be less of a problem, but recent case law suggests that requiring counseling now may be the equivalent of requiring a medical examination. This means there can be implications under the Americans with Disabilities Act. Requiring counseling would then have to be “job-related and consistent with business necessity.” 

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What is the Real Women’s Rights Problem?

Theresa Lynn in the kitchenEach side in the debate over the mandate for insurance for reproductive services grapples with a real problem, but the mandate is only a symbolic solution to the underlying women’s rights issue. The HHS mandate requires businesses, including many religious institutions, to provide insurance coverage for contraceptives and some abortifacients. Religious institutions that are morally opposed but not exempt deeply oppose the mandate. The reality is that the mandate creates a free exercise problem without solving a genuine women’s rights issue.

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Conservatives Counseling Gay or Lesbian Clients

Three recent federal circuit court decisions address how conservative Christian therapists may interact with homosexual clients in cases where personal beliefs may conflict with a duty of client care.  Despite different outcomes, there may be common principles. Schools and employers may not require therapists to change their religious convictions, but under the American Counseling Association (ACA) code of ethics, therapists may not impose values on their clients. Referrals can solve the problem, if done tactfully.

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Don't Ask Me to Be Your Facebook Friend: New Social Media Law in Colorado

With the amount of information that exists about people on the web, naturally employers are tempted to check up on it, for purposes of hiring, evaluations, and firing.  Some employers take this to the level of requesting, even requiring, current or prospective employees to give their passwords or allow access onto their profiles. At least in Colorado, this practice must come to a screeching halt.

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