The Genetic Information Nondiscrimination Act (GINA), enacted in 2008, prohibits employers from discriminating against employees on the basis of their genetic information.
THE LAW: In addition to prohibiting discrimination, Title II of GINA bans harassing employees based on their genetic information. It also protects employees from retaliation for exercising their GINA rights.
GINA defines genetic information as “information about an individual’s genetic tests and the genetic tests of an individual’s family members, as well as information about the manifestation of a disease or disorder in an individual’s family members (i.e., family medical history).”
WHAT’S NEW: The EEOC has filed its first two GINA class actions against employers that allegedly collected and used genetic information in hiring and firing decisions. Tulsa, Okla.-based Fabricut settled both ADA and GINA charges for $50,000 after it failed to hire a w...(register to read more)
- Interviewing older candidates: Don't cross the bias line
- Consistent discipline makes it easier to beat employees' discrimination lawsuits
- Keep medical data private, even if new HIPAA rules don't apply
- Keep the lawsuit clock on your side: Make sure workers know exact date of actions
- San Diego's mayor resigns, settles sexual harassment claim