Both federal and state laws prohibit discrimination and
harassment in employment decisions. However, an employer’s legal
obligation with regard to these issues is constantly changing.
Statutes, regulations and case decisions provide guidance to help
an employer maintain a workplace free of discrimination and
CHA keeps health care human resources professionals current on
these issues, provides resources to assist with compliance and
advocates on behalf of hospitals and health systems at the
federal and state level.
Last week the Equal Employment Opportunity Commission filed its
first suit enforcing the Genetic Information Nondiscrimination
Act (GINA) and settled the suit on the same day, with a $50,000
fine to employer Fabricut, Inc. The suit was the first ever
alleging genetic discrimination and serves as a reminder to
employers about how to handle pre-hiring medical examinations.
“Employers need to be aware that GINA prohibits requesting family
medical history,” said David Lopez, general counsel of the EEOC.
“When illegal questions are required as part of the hiring
process, the EEOC will be vigilant to ensure that no one be
denied a job on a prohibited basis.”
CHA will hold a webinar Feb. 28, from 9:30 a.m. – 11:30 a.m., on
California’s amended Pregnancy Disability Leave and Disability
Discrimination regulations, which went into effect Dec. 30, 2012.
The webinar will cover the new regulations and what they mean to
hospital employers. Phyllis Cheng, director, California
Department of Fair Employment and Housing, will be the featured
speaker.To register for the webinar, go to www.calhospital.org/pregnancy-disability-regs-web.