Q. If one of our managers overhears an employee discussing his genetic information, is our company liable under GINA?
A. Probably not, but it depends on the circumstances. In November, the EEOC published final regulations implementing Title II of GINA. They are codified at 29 C.F.R. §1635. The final regulations provide guidance on various sections of GINA and address this situation.
An employer does not violate GINA if it inadvertently acquires genetic information. The regulations provide examples of situations when an employer would inadvertently acquire genetic information, including where a manager or supervisor learns genetic information by overhearing or during a casual conversation.
Other inadvertent acquisition might occur through a social media networking for which the supervisor has permission to access. Thus, there’s no GINA violation if a boss is an employee’s Facebook friend and learns about genetic information that way.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/13199/does-gina-apply-if-a-supervisor-accidentally-learns-about-an-employees-genetic-information "