EEOC, Nestlé Battle Over Subpoena Authority Of Agency Under GINA’s Text and Regulations

A private physician who occasionally performs work-related medical exams of a company’s employees and job applicants at the company’s request is not an “employer” for purposes of the Genetic Information Nondiscrimination Act’s ban on the collection of a worker’s genetic information, two business groups argued Jan. 23 in an amicus brief (EEOC v. Nestlé Prepared Foods).

The Equal Employment Advisory Council and the U.S. Chamber of Commerce filed the brief in the U.S. District Court for the Eastern District of Kentucky in a subpoena enforcement case brought by the Equal Employment Opportunity Commission against Nestlé Prepared Foods.

They ...