The new federal Genetic Information Nondiscrimination Act (GINA) takes effect for employers with over 15 employees this Saturday, November 21, 2009.  Some are calling this the “most important new anti-discrimination law in two decades.”

The new law prohibits employers from requesting or considering genetic testing or genetic background information in hiring, firing or promotions.   More specifically, employers are now barred from asking employees to provide family medical histories.    While there is a “water cooler” exception to protect managers who may learn such information inadvertently by overhearing an employee talking or reading an obituary, the act still prohibits the use of such inadvertent knowledge in employment.  There are also provisions that relate to health insurers and group plans.

The primary impetus for the new law was a lawsuit brought against Burlington Northern several years ago by employees who were upset that the railroad was requesting blood samples to test for a predisposition for carpal tunnel.  BN ultimately settled the lawsuit with 36 employees for $2.2 million.

Employers fear that an employee who faces discipline for excessive absences or poor performance could claim that the discipline was actually in response to genetic information that the employer inadvertently learned.

Employers need to review their applications and other forms used with employees to make sure they do not request any family medical history that might violate GINA’s prohibitions.

The EEOC has published background information on GINA on its website, www.eeoc.gov.  And the text of the statute itself is here.

 

 

 

GINA