Hello, GINA! 11-17-2009
- By Ann F. Kiernan, Esq.

Following the lead of 31 states, the federal government is adding "genetic information" to the list of characteristics protected under discrimination law. The Genetic Information Nondiscrimination Act (GINA) goes into effect on November 21, 2009.

Under GINA, which is similar to many of the state laws that preceded it, employers are barred from:

• Discriminating against employees and applicants on the basis of their or their families' genetic information (which means not only genetic tests, but also family medical history);
• Asking for genetic information (limited exceptions apply, such as for wellness programs, FMLA certifications, or monitoring employees for the effects of toxic substances in the workplace);
• Retaliating against people who exercise their rights under the law; and
• Disclosing an individual's genetic information, which must be treated as confidential medical information (limited exceptions apply).

The biggest change for most employers is that employer-required medical examinations, such as pre-employment physicals, fitness for duty tests, and examinations in connection with workers' compensation claims or requests for reasonable accommodation, can no longer include a family medical history.

What this means to you:

To make sure that GINA is welcome at your workplace, here are some action items:

1. Review your discrimination, harassment, and retaliation policies, employee handbooks, recruiting materials, and other documentation to make sure they all include a statement that you do not discriminate on the basis of genetic information;
2. Get the new EEOC poster, and put it up at all facilities;
3. Look over your hiring and employment forms, and delete any questions about family medical history or other genetic information;
4. Update manager and supervisor training to include GINA rights and how they should handle any medical or genetic information they receive, even accidentally.

Our 2009 version of Managing Within the Law II, covers this and all other manager obligations under the FMLA, ADA, OSHA, wage and hour, and privacy laws. Call us at 1-800-458-0500 to book your date.

 

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.