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Pre-Employment Health History Forms Violate GINA, ADA

In one of the first decisions on the issue, a federal court has ruled that an employer violated both the Genetic Information Non-Discrimination Act (GINA) and the Americans With Disabilities Act (ADA) by requiring that all job applicants complete pre-offer health history forms. The forms required applicants to reveal whether they had consulted a doctor, chiropractor, therapist or other health care provider within the past 24 months, and to…

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Firefighter Wins Age Discrimination, GINA Claims

David Lee was a firefighter/EMT for the City of Moraine, Ohio Fire Department for nearly 16 years. He was also a member of Moraine Professional Firefighters Association, IAFF Local 2981. The City and Local 2981 had been involved in discussions for years about physical standards for the job. On November 23, 2011, Lee received an email sent to all firefighters explaining: “If you are under the age of 40,…

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Firefighter Wins Age Discrimination, GINA Claims

David Lee was a firefighter/EMT for the City of Moraine, Ohio Fire Department for nearly 16 years. He was also a member of Moraine Professional Firefighters Association, IAFF Local 2981. The City and Local 2981 had been involved in discussions for years about physical standards for the job. On November 23, 2011, Lee received an email sent to all firefighters explaining: “If you are under the age of 40,…

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