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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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