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.
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