GENETIC INFORMATION NONDISCRIMINATION ACT (GINA) EFFECTIVE SATURDAY, NOVEMBER 21, 2009
Congress's latest employment law becomes effective on Saturday, November 21, 2009. The Genetic Information Nondiscrimination Act (GINA) is designed to ban the misuse of genetic testing in the workplace. GINA prohibits employers from requesting genetic testing or considering someone's genetic background in hiring, firing, disciplining or promoting. Insurance companies will also be prohibited from requiring genetic testing, and cannot use genetic history, such as a history of heart disease or cancer to deny coverage or set the amount of premiums or deductibles. Genetic information includes not only the individual's medical history, but also that of his/her family. The law applies to health insurers, but not life insurers. GINA applies to any employer with 15 or more employees. The EEOC has released the revised "Equal Employment Opportunity is the Law" poster, which is mandatory for all covered employers. All federal posters need to be replaced to include GINA.
Practice pointer. GINA is Congress's most recent employment law to take effect. Like most other laws, the EEOC's interpretation may be different, and much more expansive, than the courts will ultimately interpret GINA to be. For now, it is important for employers who are covered to replace their EEOC posters, and review and revise all forms/applications, etc. to make sure that the paperwork is in compliance with GINA. The New York Times published an article addressing GINA on Monday, November 16 discussing the law and it's impact on the workplace.
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