Blog Post

Jan 15, 2014

A Major Milestone – The EEOC Settles Its First GINA Systemic Lawsuit

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Just nine days into the new year the EEOC settled its first systemic lawsuit ever filed alleging genetic discrimination under the Genetic Information Nondiscrimination Act (“GINA”).  Over the past several years the EEOC has trumpeted its focus on high-impact and high-profile cases and the $370,000 settlement of EEOC v. Founders Pavilion Inc., No. 13-CV-06250 (W.D.N.Y. Jan. 9, 2014), is no exception. In the Commission’s press release, it reminded employers that “when illegal questions are required as part of the hiring process, the EEOC will be vigilant in ensuring that no one is denied employment opportunities on a prohibited basis.” This case highlights the EEOC’s focus on the National Priorities laid out in its Strategic Enforcement Plan (“SEP”), including “eliminating barriers in hiring and recruitment” and “emerging and developing issues” such as enforcement of the Genetic Information Nondiscrimination Act (“GINA”).

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