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The Retail EmployerMay 2008
The Genetic Information Nondiscrimination Act of 2008
The new Genetic Information Nondiscrimination Act of 2008 (“GINA”) prohibits workplace discrimination on the basis of genetic information in employment and health insurance through the establishment of new law and amendment of existing statutes, including Title VII of the Civil Rights Act. GINA’s employment law provisions become effective November 21, 2009. Beginning immediately, GINA also increases penalties for child labor violations under the Fair Labor Standards Act.
Genetic information is broadly defined to include information about 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. The term “genetic information” does not include information about the sex or age of any individual; it does include, for a pregnant woman, the genetic information of any fetus carried by the woman and, for an individual or family member utilizing an assisted reproductive technology, information of any embryo legally held by the individual or family member.
GINA prohibits retaliation for asserting rights under the act. An individual’s rights and remedies under GINA track those available under Title VII,including compensatory and punitive damages and attorneys’ fees.
GINA also prohibits employers from requesting, requiring or purchasing genetic information. Exceptions to the law include inadvertently requesting or requiring family medical history, requesting family medical history to comply with the certification requirements of the Family and Medical Leave Act or state family and medical leave laws, and genetic monitoring of the biological effects of toxic substances in the workplace. In instances where employers offer health or genetic services, such as wellness programs, an employee must authorize any request for genetic information in writing, and the results only can be released to the employee, a licensed health care professional or a board-certified genetic counselor.
GINA requires employers to keep records containing genetic information on separate forms and in separate medical files and to treat them as confidential medical records. They only can be released in clearly defined circumstances. Compliance with the ADA’s medical confidentiality rules also satisfies GINA’s confidentiality rules.
GINA amends the FLSA to increase the penalty for child labor violations by $1,000 per violation. The new law raises potential employer liability to $50,000 where a violation causes the death or serious injury of a minor. This amount can be doubled for repeat or willful violations.
Joe McCluskey has advised and represented employers with respect to legal issues in the workplace for 23 years. Joe works with David Nagle in the Richmond office of Jackson Lewis. Jackson Lewis has over 450 attorneys in 34 cities across the country, representing management exclusively in workplace law and related litigation. He may be reached at (804) 212-2851, or by email at mccluskj@jacksonlewis.com.
David E. Nagle has advised employers with respect to legal issues in the workplace for over 25 years. He is a partner in the Richmond office of Jackson Lewis, a law firm devoted exclusively to the representation of employers in labor, employment, employee benefits and immigration law matters. Jackson Lewis has over 450 attorneys in 32 cities across the nation. David may be contacted at (804) 648-4077, or at nagled@jacksonlewis.com.
Calls requesting information on the Employment Law Information Program should be directed to Preston Perrin with the Retail Merchants Association at 804-662-5500.
Back to topMaking a Great First Impression: 3 Tips for Re-Thinking Job Descriptions
In life and love, we often say that first impressions are everything. While that may be open to debate, one thing is certain: your first impression on job seekers is critical in helping create a highly qualified workforce that can be competitive in a shifting economy. Remember, a company is only as strong as it’s most important asset – its people.
One often overlooked element in creating a positive first impression on job seekers is having fresh, relevant, and well-written job descriptions. Think about it: when’s the last time you looked at your job descriptions? Are you using the same ones over and over again, without a second thought? If it’s been a while since you examined your job descriptions, take some time to re-think what they say and how they’re saying it. Don’t think only in terms of what you want from a candidate; try to think about how a job seeker will view your company, industry and open position based on nothing more than the words they see. Try using these three tips before you start the process of writing a job description to ensure you’re making a great first impression on the labor pool.
- Think new. Most organizations have standard job descriptions they use over and over again, sometimes for years. But, the world of work changes quickly these days, as does the job-seeker pool, the types of degrees or certifications candidates receive, and the type of work performed or technology used. If your job descriptions still describe outmoded technologies, for example, you will quickly lose relevance with the most skilled candidates. Toss your old descriptions aside, and start over from scratch. Invigorate your hiring process by creating new job descriptions frequently and trying different approaches to what and how you write. Use a creative approach to make job descriptions stand out and reach more candidates.
- Think big. Consider the big picture for each job in question. Why does the position exist? What are the main ways the position contributes to the company’s goals, bottom line, and direction? Answering these questions will help you think beyond the tasks the person performs and help you demonstrate why the job matters. Job seekers want to find meaningful work that contributes to the company, but when most people write job descriptions, they focus on the day-to-day, task-oriented elements of a job. While it’s useful to include those facts, a stellar job description will also provide a view of how the position fits into the big-picture. This demonstrates that you see each member of your team as contributing to the company’s success, an important thing to highly-skilled job seekers. It also helps your job descriptions – and your organization – stand apart in a sea of bland, basic, and boring.
- Think broad. The fact is, there’s no one perfect person for any given job, so don’t worry about trying to find an exact replica of the person you’re trying to replace or the ideal candidate. Before you sit down to write a job description, carefully consider what you really need the new hire to do, how they need to act, and what attributes or experience they need to bring with them. Jot down your thoughts, and then go back and look them over. To avoid narrowing down your candidate pool too much, be honest with yourself about the minimum requirements for the job and open your mind to a range of backgrounds that might work. You have plenty of chances to narrow things down later in the hiring process, so think in broad terms about the type of person you’re looking for to make sure to appeal to a broad range of qualified applicants.
Now that you’ve re-thought job descriptions, you’re ready to start writing.
This article is reprinted with permission of www.ExpressPersonnel.com. Contact Ms. Lorraine Alexander at 804-550-0200 or lorraine.alexander@expresspersonnel.com if you would like to be added to their distribution list. Express Personnel now offers RMA members a Retail Staffing Program. More information is available online through www.retailmerchants.com.
Back to topWhat Have You Done for Your New Employer or Employee Lately?
So your job search has been successful.
Congratulations!
As a new hire you are automatically defined as part of the solution. This is a great and wonderful thing, but beware the tendency to get comfortable basking in the glow of being perceived as the problem solver.
You’d better go solve a problem!
I worked once with a fellow who viewed the world through fewer filters than most of us. In one conversation he told us, “In every job I’ve ever had, I would sit down with my new boss during my first week of employment and ask three questions. The first is, ‘What is expected of me in this job?’ and we would establish that. The second is, ‘What do I have to do to be promoted?’ and we would establish that. The third is, ‘What do I have to do to get you promoted?’”
Then he said, “In every job I’ve ever had, my boss got promoted. And every one of them pulled me up behind them.”
This fellow got the point.
Do not get the idea that you were hired to fill a vacancy, or because you’re a nice person, or even because you are bright, talented, and can help the company in some way.
You were hired because your new boss believes that you will make him or her look good.
By virtue of being the new guy, and therefore part of the solution, you have bought a certain amount of time for yourself. Depending on your place in the food chain, you have a window of from 30 days to six months to achieve a noticeable victory. A noticeable victory is defined as a significant increase in revenue or decrease in expenses, a process improvement that creates a significant increase in performance, or a major problem solved.
If you are able to achieve such a victory, you will have cemented your reputation as part of the solution. If you are not, then you will certainly be redefined as part of the problem, and should immediately begin another job search.
Remember—just doing your job is not enough in today’s rapidly changing marketplace.
This article is reprinted with permission of Mr. Bud Whitehouse, Director of Client Services, Career Management of Virginia. He can be reached at 804-282-6466 or bwhitehouse@cmvacareers.com.
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