On November 21, 2009, the Genetic Information Non-Discrimination Act of 2008 (P.L. No. 113-233) also known as GINA will take effect. Title II of the Act prohibits employers, employment agencies, and other employment related entities from discriminating against an employee or applicant due to genetic information. Some of the prohibited acts include failing or refusing to hire, or to refer for hiring, an individual due to genetic information. Covered entities are also prohibited from discriminating with respect to “compensation, term, conditions, or privileges of employment…because of genetic information with respect to the employee.”
The Act restricts the ways in which an employer may go about obtaining genetic information from an individual and their family. With a few narrow exceptions, employers and other covered entities are prohibited from requesting, requiring, or otherwise obtaining genetic information about an employee or their family. This includes an employee’s or applicant’s family medical history. The Act also mandates certain privacy restrictions regarding the sharing of genetic information, similar to the restrictions contained in the Health Insurance Portability and Accountability Act (HIPPA).
Employment rights under the Act are to be enforced by the Equal Employment Opportunity Commission (EEOC). The EEOC has mandated that employers display new posters with disclosures about this law where other Equal Employment Opportunity posters are required. As with most federal employment laws, enforcement of employee rights under this Act can be complex and may require that an individual first file an administrative complaint.
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