Effective November 21, 2009 – Genetic Information Nondiscrimination Act (GINA)

GINA (the Genetic Information Nondiscrimination Act) goes into effect this week, November 21, 2009.  This law, signed in 2008, makes it illegal to discriminate against employees or applicants because of genetic information

Genetic information includes not only information about an individual’s genetic test and the genetic tests of an individual’s family members, but also information about any diseases, disorders, or conditions that someone’s family member has.  The law includes family medical history because it is often used to determine whether someone has an increased risk of getting a disease, disorder, or condition in the future.

It is also against the law to retaliate against (i.e., take a negative job action or threaten) a person because the person complained about genetic discrimination, filed a charge of discrimination, or participated in an employment discrimination inquiry, investigation or lawsuit.

The Equal Employment Opportunity Commission (EEOC) has provided guidance on the following GINA topics:

  • Genetic Information and Workplace Situations
  • Rules Against Acquiring Genetic Information
  • Confidentiality of Genetic Information
  • Genetic Information Discrimination and Harassment
  • Employment Policies/Practices

To learn more about GINA and these topics Click Here.