Tag Archives: history

Minn. Sup. Ct. reins in expungement power

Minnesota Lawyer (subscription required) has an interesting article regarding expungement of adult and juvenile cases.

In this decision, the Minn. Sup. Ct. declined to recognize a court’s inherent authority to order expungement of executive branch records of an adult’s criminal history (State v. M.D.T.).  When explaining prior precedent, the court differentiated State v. C.A., where the language was dicta and the case did not involve executive records.

The Minn. Sup. Ct. also narrowly construed a juvenile’s statutory expungement remedy in companion cases (In the Matter of the Welfare of: J.J.P.).  Here, the court held that the authority of the court under Minn. Stat. sec. 260B.198 is limited to the order adjudicating the juvenile delinquent.

Advertisements

Leave a comment

Filed under Appellate, courts, legal decision, Minnesota, Privacy Rights, state, Supreme Court

EEOC’s First GINA Suit Settlement

The first settlement between the EEOC and an employer over GINA is important because it brings attention to this relatively new law.  EEOC charges alleging GINA violations have increased each year.  Consequently, it is important for employers to ensure their policies and procedures are compliant with GINA procedures.

The Genetic Information Nondiscrimination Act (GINA) went into effect in 2009.  Some of GINA’s regulations are as follows.

  • It is illegal for employers to discriminate against employees or applicants based on their genetic information.
  • Employers cannot request or obtain genetic information, which includes any information about an employee or an applicant’s family history.
  • GINA also applies to third parties.  So, employers cannot request or obtain family medical history, even through a third-party medical provider or examiner.
  • There are exceptions for voluntary health risk assessments.  However, if the employee is receiving an incentive for completion of the Health Risk Assessment, the employer must make clear that an employee need not answer any of the questions about family medical history in order to obtain the incentive.

On May 7, 2013, the U.S. Equal Employment Opportunity Commission (“EEOC”) reached a milestone of sorts as it filed – and then settled – its first complaint ever alleging genetic discrimination under the Genetic Information Nondiscrimination Act of 2008 (“GINA”).

The EEOC filed suit in Oklahoma federal court against Fabricut Inc., one of the world’s largest distributors of decorative fabrics, alleging that Fabricut violated GINA and the Americans With Disabilities Act (“ADA”) by unlawfully asking a job applicant for her family medical history in a pre-employment, post-job offer medical examination, and allegedly rescinding her job offer based on the belief that she had carpal tunnel syndrome.

The EEOC and Fabricut reached a settlement, which is the first settlement in a GINA case.  In the consent decree, Fabricut agreed to pay $50,000 but did not admit to violating GINA or the ADA.

via EEOC’s First GINA Suit Serves As Reminder of Pre-Employment Exam Pitfall | Proskauer Rose LLP – JDSupra.

Leave a comment

Filed under civil rights, discrimination, employment, federal, regulations, rules