EEOC updates COVID-19 technical guidance (again) 

On July 12, 2022, the Equal Employment Opportunity Commission (EEOC) updated several Q&As in their COVID-19-related technical guidance, including adding parameters to when employers can conduct viral COVID-19 screenings at work. 

GINA lawsuit 

Learn about the resolution of a recent claim against a Florida dermatology practice that was collecting COVID-19 testing results of employees’ family members, which is prohibited under the Genetic Information Non-Discrimination Act (GINA).  

We find this case particularly interesting because lawsuits involving GINA, enacted in 2008, aren’t something we see every day. In 2021, there were just 34 settlements and $500,000 awarded in GINA-related claims. Comparatively, in 2021, there were 2,211 settlements and $122 million awarded in benefits for claims related to the Americans with Disabilities Act (ADA) (Source: Enforcement and Litigation Statistics). Will COVID-19 bring more GINA claims? Time will tell. 

Paid Leave Oregon information and updates 

Visit the new Paid Leave Oregon website, where you can find information regarding Oregon’s paid family and medical leave program. Employers start paying into the program January 1, 2023, and employees can apply for benefits starting September 3, 2023. The website provides a wealth of information for both employees and employers, including: 

  • Employer coverage 
  • Employee eligibility 
  • Equivalent private plans 
  • Rules and rulemaking information 
  • Program resources and frequently asked questions 

Peruse the proposed Connecticut FMLA regulations 

Benefits for Connecticut Paid Leave became payable January 1, 2022. Shortly after that, the Connecticut Department of Labor (DOL) published final proposed regulations that amend Connecticut’s Family and Medical Leave Act (CT FMLA). If you haven’t already read through the proposed amendments to the CT FMLA regulations, you still have a little time, as they are not yet approved. The Connecticut Legislative Regulation Review Committee (LRRC) is scheduled to issue a decision August 09, 2022. 

Looking for more? 

If the above resources aren’t enough to keep you busy, or if you’re less of a reader and more of a watcher, tune in to the replay of the second installment of our Absence Management Academy webinar, where we discuss the intricacies of the federal Family and Medical Leave Act (FMLA). Due to popular demand, a third FMLA-dedicated segment will be released in August. 

What Guardian is doing

Guardian continuously tracks and analyzes current and pending leave and accommodation legislation to determine potential impacts to our customers.  

If you’re looking for assistance managing leave of absence or accommodations or to ensure compliance across your organization, Guardian has solutions for you. Review our offerings here. 

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