Have you heard about GINA, one of the most important new anti-discrimination laws that went into effect on November 21, 2009?
The Genetic Information Nondiscrimination Act (GINA) prohibits employers from requesting genetic testing or considering someone’s genetic background in hiring, firing or promotions. As defined by the law, “genetic information” is defined to include an individual’s genetic tests and the genetic tests of an individual’s family members (i.e., family medical history). The law applies to employers with 15 or more employees.
Employers should not inquire about family medical histories and make sure any forms do not elicit genetic information. For example, bereavement leave request forms must not ask how the person died. Also, for businesses that offer wellness programs, providing a reward for completing a health risk assessment that collects family medical history would be a violation of GINA.
An employer that sponsors a group health or wellness plan and meets the GINA requirements should take the following action to ensure compliance with this new law:
- Post the official notice informing employees of their rights under GINA. Download official EEOC poster supplement.
- Review benefit plan documents and administration for compliance with these new rules prior to January 1, 2010.
- Avoid requesting or requiring any genetic testing or genetic information from employees.
Posted by HR Diva