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Law may limit boss' access to social media

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EEOC wrestles with social networking sites in proposed GINA regulations - The EEOC has joined the ranks of those who are trying to figure out

exactly how the Internet - personal and social networking websites, in particular –fit into the antidiscrimination landscape. In March, the EEOC posted its proposed regulation  implementing Title II of the Genetic Nondiscrimination Act of 2008 (GINA), specifically requesting comments concerning the “commercial and publicly available” exception to GINA’s prohibition against employer requests, requirements or purchases of genetic information about an employee or his or her family member.

GINA’s exception comes into play “where an employer purchases documents that are commercally and publicly available (including newspapers, magazines, periodicals, and books, but not including medical databases or court records) that include family medical history.” (Sec. 202(b)(4)). The proposed reg expands on the sources excepted from the prohibition by adding “through electronic media, such as information communicated through television, movies, or the Internet.” (29 CFR Part 1635.8(b)(4)).

The agency invited comments about sources similar to those identified in the statute, such as personal websites or social networking sites, which might contain family medical history that should be included either among the excepted sources or the prohibited sources, such as personal websites or social networking sites.

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Pamela Wolf CCH WorkDay.



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HCX Facts

Healthcare Costs grew a cumulative 138% between 1999 and 2010 and outpacing cumulative wage growth of 42% over the same period. Average employer costs for health insurance per employee hour rose from $1.60 to $3.35 during the 1999 to 2010 period. This almost 110% increase in average costs per hour was  much larger than the 39% increase in average employer payroll costs per hour for these workers  KFF

 

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