Reminder: GINA Effective November 21, 2009
By: KAREN G. SCHANFIELD
January 2010
The Genetic Information Nondiscrimination Act of 2008 (GINA) is a new federal law that prohibits employers, unions, employment agencies, and health insurers from discriminating against individuals based on their genetic information. Based on GINA’s broad definition of genetic information, it is easy to imagine that an employer might unwittingly violate the law. For example, an employee who talks casually about caring for family members who suffer from muscular dystrophy is likely to have disclosed genetic information. If the employee is later disciplined, the employer will need to demonstrate an independent basis for its action. As with other claims of protected-class discrimination, the outcome can turn on the timing of the employee’s disclosure, the supervisor’s awareness of the information at the time that discipline was imposed, and consistent treatment of similarly situated employees.
The new law also requires new postings. Employers may post a supplemental poster or a new “EEO is the Law” poster. Both are available at http://www1.eeoc.gov/employers/poster.cfm. The EEOC has indicated that the poster will be available in Spanish, Chinese, and Arabic, as well as English.
We also recommend that employers update handbooks and other documents to reflect compliance with the new law. Additional information is available at FredNEWS: Employment & Labor – July 2008 and from Fredrikson & Byron’s Employment & Labor Law attorneys.