The employment-related provisions of the Genetic Information Non-Discrimination Act of 2008 (GINA) become effective November 21, 2009.
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Download NowTitle II of GINA prohibits the use of genetic information in employment and the intentional acquisition of genetic information about applicants and employees. Genetic information includes information about an individual's genetic tests, genetic tests of a family member, and family medical history, according to the Equal Employment Opportunity Commission (EEOC).
Genetic information does not include information about the sex or age of an individual or the individual's family members, or information that an individual currently has a disease or disorder, says the EEOC. Genetic information also does not include tests for alcohol or drug use.
In addition to prohibited employers from requesting or requiring individuals to undergo genetic testing, GINA has confidentiality requirements for any genetic information that an employer lawfully possesses.
The law also requires employers to post a notice with GINA information. The Equal Employment Opportunity Commission has released a poster to help employers comply with the notice requirements. Employers are prohibited from requesting or requiring individuals to undergo genetic testing.
In addition to posting the revised poster, employers should update their nondiscrimination policies to reflect GINA's employment-related provisions.
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