The Genetic Information Nondiscrimination Act of 2008 (GINA) was founded on the concern that advancements in the field of genetics could lead to the misuse of genetic information to discriminate against individuals in health insurance and employment.
GINA regulations define “genetic information” as:
- An individual’s genetic tests
- The genetic tests of family members of the individual
- The manifestation of a disease or disorder in the individual’s family members.
GINA regulations apply to public and private employers with 15 or more workers. That means employers subject to theAct ( )—those with 50 or more workers within 75 miles—are subject to GINA regulations.
Under GINA, it is illegal to:
- Use genetic information to make adverse employment decisions
- Use genetic information to limit, segregate or classify employees in a way that negatively affects them
- Acquire (i.e., request, require or purchase) genetic information
- Disclose genetic information
- Retaliate against employees who exercise their rights under GINA.
What if you accidentally overhear an employee telling a co-worker about how breast cancer runs in her family?
The acquisition of genetic information in this way does not violate GINA, but using the information against the employee (such as denying her a promotion because of it) could.
- The customer is always right? Not so fast
- Making economic argument for staff cuts? Better make sure the math adds up
- Class-action lawyer to see how it looks from the other side
- If possible, have the manager who hired the employee also do the firing
- Sudden discipline after exemplary record? Don't rule out supervisor prejudice