According to the U.S. Office of Special Counsel, a federal employee authorized to take, direct others to take, recommend or approve any personnel action may not take, or threaten to take any personnel action against an employee because of protected whistleblowing.  See, http://www.osc.gov , 5 U.S.C. Sect. 2302(b)(8).  Protected whistleblowing is defined as disclosing information which the discloser reasonably believes evidences: (1) a violation of law, rule or regulation; (2) gross mismanagement; (3) gross waste of funds; (4) an abuse of authority; or, (5) a substantial and specific danger to public health or safety.  Id.  As an example, the OSC stated ” A supervisor directs the geographic reassignment of an employee because the employee reported safety violations to senior agency officials.”  Id. The OSC describes itself as an independent agency that investigates and prosecutes allegations of prohibited personnel practices by federal employees.  Id.  For more information, you can call (202)254-3600. 

The Ledbetter Fair Pay Act, H.R. 2831, passed the U. S. House of Representatives in July, 2007, but the opponent’s of the bill prevailed in the United States Senate where 57 senators voted to consider the bill but that was three (3) votes shy of the 60 votes that were needed.  The bill is a response to the United States Supreme Court decision in Ledbetter v. Goodyear Tire & Rubber Company.  In that recent decision, our Supreme Court reduced the ability of employees to challenge pay discrimination.  The Fair Pay Act would have reinstated the paycheck accrual rule in determining when the statute of limitations begins to run in wage discrimination cases under Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act and the Rehabilitation Act.  You can contact your Senator to urge him to vote for the bill next time by calling (202)224-3121 and asking the Capitol Operator to connect you to your Senator.

According to a recent posting by HealthDay News, older Americans are “being injured during slips and falls on escalators at increasing rates.”  See, http://www.nlm.nih.gov , March 21, 2008.  Dr. Joseph O’Neil, an expert on injury prevention, was cited in the article saying that the “rate of injuries to older adults riding escalators more than doubled from 1991 to 2005.”  Id.  O’Neil and his colleagues published their findings in the March issue of the journal called Accident Analysis and Prevention.  Id.  As reflected in the HealthDay News posting, the trend may be related to changing lifestyles among older adults who are now more active at older ages.  Id.  In the study referenced in the posting, 8% of the injured were admitted to a hospital after evaluation in an emergency department. Id.  Interestingly, women accounted for more than 73% of escalator injuries.  Id.  Just as interesting is the study’s showing that stepping on and off the escalator accounted for 14% of the slips, trips and falls, meaning a lot of injuries occurred while the person was on the escalator.  Id.  Suggestions to prevent escalator injuries to the elderly included not looking down at moving steps, focusing on objects ahead of you and not looking side-to-side at displays.  Id.

By a vote of 95-0, the United States Senate has passed the Genetic Information Nondiscrimination Act (GINA).  According to “Genetic Discrimination Law Passes Senate with Compromises”, By Matt Jones, of GenomeWeb Daily News (April 24, 2008, www .Genomeweb.com), the Bill, which has been before Congress for  approximately 13 years without being enacted, is designed to prevent insurance companies from using genetic information in setting premiums or declining coverage. id.  Further, the Bill is designed to prevent employers from using genetic information in making determinations in hiring, firing or promoting individuals. id  If this Bill is signed into law, a much broader range of tests may become available to individuals who wouldn’t use them before due to fear of discrimination.   With the removal of the fear of this form of discrimination, it is expected that more people and doctors will be able to take advantage of the greater and more specialized care available through genetic testing.

According to the article, the Bill had been on “hold” in Senate  due to Senator Tom Coburn (R-OK), who was concerned about lawsuits and employer’s rights. id. 

Last year, the House of Representatives passed a similar Bill and President Bush has expressed support for the Bill.  The Bill is designated HR 493.

As reported by AARP, discrimination in hiring on the the basis of age is permitted in rare circumstances where age is a bona fide occupational qualification for a particular job such as a position where a company needed a model for junior clothing.  See, http://www.aarp.org , 8/30/06 .   Indicators of age discrimination in hiring can, according to the article, include, for example, a situation where an older man looking for a job applies for a new job at a new plant he knows is hiring and the receptionist turns him away saying the company is not hiring but the next day the man sees an advertisement in the newspaper for the position he sought at the company.  Id.   It is illegal to violate the Age Discrimination in Employment Act (”ADEA”).  For more information about age discrimination see postings at Age Discrimination 

With its vision of “Healthy people thriving in a nation free of preventable illness and injury,” the Association of State and Territorial Health Officials (”ASTHO”) is a national nonprofit organization dedicated to formulating and influencing sound public health policy and assuring excellence in state-based public health practice.  See, http://www.astho.org , 4/24/08.  The organization’s roots date back to 1879.  Its stated mission is “Transforming public health within states and territories to help members dramatically improve health and wellness.”  Id.  According to a July, 2006 ASTHO Fact Sheet, elderly injuries are a serious public health concern that affects millions nationally each year.  Id.  ASTHO is located in Virginia and can be contacted by mail at 2231 Crystal Drive, Suite 450, Arlington, Virginia 22202 or by phone at (202)371-9090.

ConsumerAffairs.com reported that Americans 65 and over are increasingly “at risk of product-related injuries in or around the home.”  See, “Edlerly Injuries Rise Dramatically,” http://www.consumeraffairs.com , 2/15/05.  Citing a report published by the U.S. Consumer Product Safety Commission (CPSC) and the National Safety Council (NSC), the article stated that, in 2002, more than 1.45 million Americans 65 years and older went to hospital emergency rooms as a result of consumer product-related injuries.  Id.  According to the article, people 75 years of age and older are twice as likely as adults 65 to 74 to have emrgency room-treated injuries from consumer products.  Id.  Falls appear to be the leading cause of unintentional injuries at home.  Id.  The article also said that more than 15,000 Americans 65 years of age and older died as a result of unintentional injuries in the home.  Id.  For more information see http://www.consumeraffairs.com

ConsumerAffairs.com is a private, non-governmental entity that empowers consumers by providing a forum for their complaints about products, services, stores or companies.  When you make a report, it becomes the property of ConsumerAffairs.com, Inc., and may be published.  For more information about this important consumer complaint forum visit www.consumeraffairs.com

The Federal Motor Carrier Safety Administration implemented a number of specific rules that pertain to the safe and proper loading of trucks in order to reduce the number of accidents which result from shifting cargo or falling debris and cargo.  For example, there are rules that cargo be firmly secured on or within the truck, as well as requirements for lights and indicators where an oversized load is being transported.   Failure to follow proper procedures and the loading laws can have tragic consequences.  See, http://www.fmsca.dot.gov .  The Federal Motor Carrier Safety Administration is located at 1200 New Jersey Avenue SE, Washington, D.C., 20590.

Congress reached a bi-partisan agreement, according to the New York Times, that clears the way for a bill to prohibit discrimination by employers and health insurers on the basis of genetic tests.  See, Pollack, Andrew, “Bill Prohibiting Discrimination Based on Gene Testing Advances,” Houston Chronicle, 4/23/08, p. A10.  Senator Tom Coburn, R-Oklahoma, almost singeldhandedly held up action on the bill.  Id.  The law has been more than a dozen years in the making, and, as stated in the article, Senator Coburn was worried that the law might subject employers to civil rights lawsuits. Id.  It was unclear from the article whether employers got legal protections against lawsuits for genetic discrimination.