Tuesday, November 30, 2010
Have You Met GINA?
Genetic Information Non-Discrimination Act (GINA).
First, the basics. The GINA applies to all employers who have at least 15 employees as well as employment agencies and labor organizations. It prohibits employers not only from using genetic information to discriminate against or harass employees or applicants, but from even requesting such information, except in the limited circumstances described below. In the specific instances where it is “OK” to request genetic information, it still must be kept confidential and cannot be used to discriminate against or harass the individual.
The GINA provides the same damages for violation as the ADA and Title VII (including recovery of punitive damages and attorney fees!). It also has a posting requirement like the FMLA.