labor lawAdivision of labor law center

Effective November 21, 2009 employers are required to display a new federal poster. Employers must display a GINA poster in an area where all employees can see it.

 

This new federal posting requirement applies to virtually every employer, even if they never engage in genetic testing.

 

GINA, of course, is the Genetic Information Nondisclosure Act of 2008. Under GINA, employers are prohibited from gathering information on an employee’s genetic makeup. Employers are also prohibited from considering an employee’s genetic information in making employment decisions.

 

Health insurance providers cannot discriminate against consumers, based on genetic information under GINA. For example, a health insurance company could not refuse to cover an individual, simply because her mother, grandmother and aunt all had breast cancer. Even if genetic testing showed that the consumer had a gene for breast cancer, that alone would not be sufficient cause for the health insurance company to deny her coverage.

 

The GINA prohibition on gathering genetic information also includes taking information on an employee’s family medical history – especially hereditary illnesses like heart disease, breast cancer, diabetes, arthritis, Alzheimer’s, and other inherited conditions.

 

GINA covers a wide variety of mental health conditions including depression, schizophrenia, and bipolar disorder. One of the concerns is that employees will forgo genetic testing because they fear discrimination in the workplace, or from health insurance companies.

 

Employers are also prohibited from gathering an employee’s family medical history in more traditional ways under the Gina law. Employers are forbidden from inquiring whether members of the employee’s family have heritable diseases like cancer, heart disease and Alzheimer’s. In addition, if the employee volunteers such information in casual conversation, the employer is prohibited from considering it when making employment decisions. These employment decisions include hiring, promotions, training, layoffs, salary and duties.

 

Opponents argue that GINA solves a problem that doesn’t exist. No one has yet identified a single employer that is engaged in genetic testing of workers, and basing employment decisions on that information. However, as genetic tests for dozens of conditions were developed, members of Congress became concerned that such information would be used against employees.

 

Every employer covered by Title VII of the Civil Rights Act of 1964 must display a GINA poster. In general, that is every employer with 15 or more workers, including businesses and non-profits. State and local governments, unions, labor organizations, employment agencies and the federal government are also required to display a GINA poster.

 

When GINA goes into effect in late November 2009, it will be enforced by the EEOC.

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