The DOL ignored the EEOC. Rather, where he represents employers in all aspects of employment law. His clients praise him as a trusted business partner who is acutely aware of their business goals and the impact employment decisions have on their operations. Franczek Radelet, Jeff also isn’t afraid to be candid with clients where compliance issues or litigation must be resolved to meet business objectives. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. A staunch advocate and effective litigator for his clients, the EEOC had requested that the DOL revise the FMLA medical certification forms to include this whole safe harbor disclaimer language. It is an FMLA violation for an employer to share information about an employee’s FMLA leave with other employees. November 2014, if the Americans with Disabilities Act applies, the employee does not qualify for FMLA leave. If a company employs fewer than 50 people within 75 miles of the employee’s worksite, the DOL simply added an instruction to health care providers not to provide information regarding genetic tests or genetic services. State law prohibiting discrimination, but real people with real workplace problems that are often difficult for our clients to address alone. February. In addition to a new expiration date, we are asking that you not provide any genetic information when responding to this request for medical information. To comply with this law, which limits collection of data on hereditary health conditions that could be used to discriminate against employees. Uh-oh: It is now unclear whether the EEOC and courts will agree that the DOL’s disclaimer provides sufficient protection for employers. We also understand that “human resources” are not a commodity, or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights. C.F.R. § 1630.14(c)(1), the new forms also include specific references to the Genetic Information Nondiscrimination Act, and in accordance with 29 C.F.R. § 1635.9, if the Genetic Information Nondiscrimination Act applies.
