EEOC’s new wellness program rules give employers more to consider

May 16, 2016 0 COMMENTS

Employers are getting a look at new final rules affecting how they structure wellness programs, rules that are meant to clear up conflicts among various federal laws but that also may make administration of wellness programs more challenging.

The Equal Employment Opportunity Commission’s (EEOC) new rules describe how the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) apply to employer wellness programs that request health information from employees and their spouses. The rules—one dealing with the ADA and the other with GINA—explain how workplace wellness programs can comply with the ADA and GINA consistent with provisions in the Health Insurance Portability and Accountability Act (HIPAA) and the Affordable Care Act (ACA).

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Utah passes historic legislation against sexual orientation and gender identity discrimination

March 13, 2015 0 COMMENTS

by Ryan B. Frazier

On March 12, Utah Governor Gary Herbert signed into law newly enacted legislation aimed at preventing employment and housing discrimination against gays, lesbians, and transgender individuals. The monumental legislation amends the state’s antidiscrimination law to prohibit employers statewide from making employment decisions based on an individual’s sexual orientation or gender identity. Under the law, a person’s sexual orientation or gender identity cannot be the basis for refusing to hire, refusing to promote, demoting, or terminating him or her. Utah law already banned employment discrimination on the basis of race, sex, age, religion, pregnancy, national origin, and disability.

The new law also provides safeguards for religious freedoms. The law exempts religious leaders and organizations such as churches and religious schools and their affiliates from the application of the new provisions. It also exempts the Boy Scouts of America or any of its subsidiaries or councils.

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