Genetic Information is the most recent protected characteristic (such as race, religion, and sex) to be added to the Civil Rights Act of 1964.
The Genetic Information Nondiscrimination Act (GINA) of 2008 [Public Law 110-233, H.R. 493, S. 358] was signed into law by President Bush on May 21, 2008. The law prohibits health insurers and employers from discriminating on the basis of genetic information and sets a national baseline of protections from any such discrimination across the country. In the legislation, the term “genetic information” means a person’s genetic test results, the genetic test results of an individual’s family members and/or information about a genetic disease or disorder in family members.
Here are 5 things all employers need to do ASAP to be compliant with this law.
1) Revise all your EEO statements and job applications to include genetic non-discrimination.
2) Post new EEO nondiscrimination posters.
3) Train all managers on what this means. (CALL ME – I CAN HELP WITH THIS.)
4) Discontinue requests for family medical history from post offer or fitness of duty evaluations or in connection with reasonable accommodations.
5) Store genetic information in confidential medical files.
Additionally you need to be aware of the following:
- Employers are barred from disclosing genetic information.
- Employers cannot receive individual identifiable genetic information.
- Company wellness programs that provide premium differential for completing Health Risk Assessments, and ask for family history, may violate GINA if there are incentives given.
- You can be fined up to $50,000 for non-compliance!
