Q. Which employers are required to comply with the Genetic Information Nondiscrimination Act of 2008 (GINA), and who does GINA protect?
A. GINA, in effect since November 2009, makes it unlawful for an employer to discriminate against an employee based on his or her genetic information.
Title I of GINA addresses the use of genetic information in health insurance. Title II of GINA prohibits employers from using genetic information in making employment decisions, prohibits employers from requesting, requiring or purchasing genetic information, requires that genetic information be maintained as a confidential medical record and limits the disclosure of genetic information.
Title II applies to private employers with 15 or more employees, employment agencies, labor unions and joint labor-training programs. The EEOC’s regulations expressly provide GINA protection to job applicants and former and current employees.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- 10 Secrets to an Effective Performance Review
- Converting employees into contractors? Prepare for expensive, protracted litigation
- Third-Party harassment: The next frontier for New Jersey courts?
- Tell supervisors: You can't just make up your own performance appraisal standards
- Terminations: 6 steps to ensure firing won't backfire