Genetic Discrimination Now Illegal 06-04-2008
- By Rita Risser,California attorney at law

A new law signed by President Bush on May 21, 2008, is called GINA, the Genetic Information Nondiscrimination Act of 2008. It prohibits employers from:

1. Discriminating against employees and applicants on the basis of genetic information,
2. Requesting, requiring, or purchasing genetic information (limited exceptions apply, such as for FMLA certifications)
3. Retaliating against individuals who exercise their rights under the law; and
4. Disclosing an individual's genetic information, which is considered confidential medical information under ADA and HIPAA (limited exceptions apply).

Genetic information is defined as "information about (i) such individual's genetic tests,(ii) the genetic tests of family members of such individual, and (iii) the manifestation of a disease or disorder in family members of such individual."

GINA can apply to anyone, even if genetic testing is not done. For example, an employee who mentioned that her mother died of a disease, and that she had a 50% chance of getting the disease herself, was fired a few days later, despite having just received an excellent performance review. This is now illegal under this new law.

What this means to you: If your organization conducts medical testing which includes genetic tests, immediately work with an attorney to ensure the results are handled appropriately. The mere fact of testing in and of itself may violate GINA or state laws. If you become aware of an employee's medical condition, whether genetic or not, do not make any employment decision based on that information and keep the information strictly confidential.

 

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.