This extended feature from Employment Law This Week® (Episode 111: Week of April 2, 2018) explores the legal implications of an intriguing trend in the field of human resources: the use of big data and people analytics. These tools can assist employers in analyzing large data sets to help with hiring, recruiting, measuring productivity, evaluating fitness for promotion, and more. Attorneys Frank Morris and Nathaniel Glasser from Epstein Becker Green recently collaborated on an article looking at the legal implications of this technology and provide insights in this segment.
As Mr. Morris discusses, the U.S. Equal Employment Opportunity Commission (EEOC) has issued a proposed rule that would allow employers that offer wellness programs to provide limited incentives in exchange for an employee's spouse providing information about his or her health status. The proposed rule would amend the regulations related to Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA). However, the proposed rule would not alter GINA’s absolute and general prohibition against the use of genetic information in making employment decisions.
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