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AARP Lawsuit Puts EEOC In An Awkward Position

Publisher: Law360
November 23, 2016
Day Pitney Co-author(s) Howard Fetner, Theresa A. Kelly

Theresa Kelly and Howard Fetner wrote an article, "AARP Lawsuit Puts EEOC In An Awkward Position," for Law360. Kelly and Fetner discuss a recently filed lawsuit in which the U.S. Equal Employment Opportunity Commission has been placed in the awkward position of having to defend itself against allegations that it violated two of the laws it is charged with enforcing. The article details the lawsuit AARP v. United States Equal Employment Opportunity Commission, filed in U.S. District Court for the District of Columbia, which alleges that the EEOC’s recent regulations governing employer wellness programs violate both the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act. Although the two claims are joined in one lawsuit, Kelly and Fetner explore how the legal issues driving both are quite different.

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