UBP blog

12/08/2009

New genetic non-discrimination law GINA took effect December 7, 2009

Title II, the employment-related provision of the Genetic Information Non-Discrimination Act of 2008 (GINA) took effect yesterday, December 7, 2009.

This provision prohibits employers from:

  • Using genetic information to make decisions in “hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment” for all employees and/or job applicants
  • Requesting or requiring employees and/or job applicants to undergo genetic testing

 According to the EEOC, genetic information includes the following:

  • Information about an individual’s genetic tests
  • Genetic tests of an individual’s family member
  • Family medical history (Do any of your insurers ask if you are aware of employees whose family history includes certain diseases?)

Genetic information does not include:

  • Information about the age and gender of an individual and his or her family members
  • Information that an individual currently has a disease or disorder
  • Tests for alcohol or drug use

In addition to prohibiting genetic testing requirements, GINA also comes with confidentiality requirements for any genetic information that an employer possesses.

To comply with GINA, employers must do the following two things:

  1. Post a notice with GINA information: The EEOC has released a poster to help employers comply with the new GINA requirements.
  2. Update their nondiscrimination policies to include GINA’s employer provisions.

 

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