Effective September 1, 2017, Steven Schwartz is merging his firm, Steven H. Schwartz & Associates, P.L.C. with Keller Thoma, P.C. and will become a partner in that firm.  Mr. Schwartz continues his practice as an employment and labor relations attorney, and as an arbitrator.  For further information, please go to the Keller Thoma website.

The Genetic Information Nondiscrimination Act (“GINA”)

The Genetic Information Nondiscrimination Act of 2008 (“GINA”) became effective November 21, 2009. GINA broadly prohibits discrimination on the basis of genetic information in employment and health insurance. GINA also amended the Fair Labor Standards Act concerning child labor, increasing penalties for such violations.

GINA likewise amends existing statutes, including Title VII of the Civil Rights Act, Health Insurance Portability and Accountability Act (“HIPAA”), the Employee Retirement Income Security Act (“ERISA”), and the Internal Revenue Code. The term “Genetic Information” includes an individual’s genetic tests, the genetic tests of the individual’s family members, and the manifestation of a disease or disorder in a family member. A “Family Member” is defined to include an individual’s spouse or dependent child by birth or adoption, and certain other relatives of such individual, individual’s spouse or dependent child.

The enforcement scheme and penalties for violation will be similar to the existing amended statutes.