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Employment Law/FMLA and GINA info

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Question
Hello,


I stumbled across your site as I prepare to receive an "employer response" to my EEOC charge of disability discrimination, retaliation, and GINA. I recently found out that my FMLA rights may have been violated as well. I plan on filing a complaint with the DOL regarding employer violation of FMLA. I would love to see more about FMLA and common employer violations....like waiting 27 days to give you a designation notice! Do you have any good info on GINA?


Thanks,
Ashley

Answer
Ashley:

For general information about both of these laws, it's hard to beat the government agencies' own websites.

The EEOC web site explains about GINA, the Genetic Information Non-discrimination Act, here:

http://www.eeoc.gov/laws/types/genetic.cfm

The Family and Medical Leave Act (FMLA) is summarized at the DOL website, here:

http://www.dol.gov/whd/regs/compliance/whdfs28.htm

There is also a fact sheet devoted to the notice requirements for employers under the Act:

http://www.dol.gov/whd/regs/compliance/whdfs28d.htm

If you have specific questions about whether anything your employer did (or did not do) may be a violation of either GINA or the FMLA, please post a description of the facts and I will be glad to provide a more detailed answer.

I hope you find this helpful.

Employment Law

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Frank C. Magill

Expertise

I can answer questions about any U.S. labor or employment law question. I cannot answer questions about non-US law. I am not a specialist in employee benefit law (ERISA and HIPAA) or Workers' Compensation law, but will do my best to point questioners toward good resources availabe online. Expertise includes, without limitation, EEO/Affirmative Action/Employment discrimination (Title VII, Age Discrimination in Employment Act, Americans With Disabilities Act, GINA, Fair Credit Reporting Act as applied to employment); Fair Labor Standards Act; Texas labor code; Family Medical Leave Act; employee compensation; discipline and dismissal; force reductions, severance pay programs and administration; collective bargaining, union representation, grievances and arbitration, National Labor Relations Act and National Labor Relations Board; employee handbooks; staffing; dispute resolution outside of traditional labor agreements; employee communications; employment policies and compliance programs; codes of ethics; employment or labor litigation.

Experience

30+ years experience as corporate counsel for a Fortune 100 telecom company, specializing in labor and employment law issues. In addition to providing day-to-day advice to my company's internal HR leadership and staff, I've represented the company in numerous labor arbitration cases and at the bargaining table.

Organizations
Texas, Illinois and Missouri state bars

Education/Credentials
J.D. 1979, Harvard Law School. B.A., Summa Cum Laude, 1976, Illinois Wesleyan University.

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