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Employers across the nation need to review HR practices and employee wellness programs to ensure they do not violation GINA, the Genetic Information Non-discrimination Act.

 

The newest GINA regulations issued by the US Department of Labor, the IRS and the Department of Health and Human Services go into effect for plans starting on December 7, 2009 or later.

 

GINA prevents employers from gathering information on employees’ genetic makeup, and from making employment decisions based on that information. Many employers are surprised to learn that while they do not engage in genetic testing, common HR practices may still put them in violation of the law.

 

In addition, every employer needs a to prominently display a GINA poster in the workplace.

 

A behavior as simple as asking an employee returning from an uncle’s funeral about the cause of death may be a GINA violation.

 

Genetic information is interpreted very broadly under the sweeping new GINA regulations. In addition to genetic testing, GINA also includes an employees requests for or receipt of genetic services, and family medical history. This includes any manifestation of a disease or disorder in the employee’s family members including dependents plus all relatives to the fourth degree without regard to whether they are related by blood, marriage or adoption. This would include current medical information about an employee’s children, spouse, grandparents, great-grandparents, parents, aunts and uncles, and first cousins.

 

Title I of GINA prohibits employers and insurers from increasing group health premiums or contributions based on genetic information. This means that employers are prohibited from:  

• Requesting or requiring genetic testing, before or during employment
• Collecting genetic information including family medical history prior to or in connection with enrollment in wellness or health insurance plans 
• Collecting family medical information or genetic information for underwriting purposes 

Title II of GINA also prohibits employers from using genetic or familial medical information in employment discrimination. Although this provision of GINA went into effect on November 21, 2009, the final regulations for that provision of the law have not yet been written by the EEOC.

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