labor lawAdivision of labor law center

        Employers nationwide are closely watching the first test to GINA, the federal Genetic Information Nondiscrimination Act. In that case, Pamela Fink says she was fired after disclosing to the Connecticut employer that she had the gene for breast cancer, and would have a double mastectomy as a preventative, with her doctor’s consent.

        “I was a great employee and I did really great work,” Fink told ABC News. “The only thing that changed from the time that I had a great review to when I didn’t was my two surgeries.”

        Fink has filed a complaint against former employer MXenergy with the Equal Employment Opportunity Commission, or EEOC alleging that the employer violated GINA as well as the ADA, the Americans with Disabilities Act. In addition, Fink  (more…)

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 (more…)

 Employers should be aware that GINA imposes even more stringent confidentiality laws than HIPAA does, regarding genetic information and an employee’s family medical history.

On November 21, 2009, Title II of GINA, the Genetic Information Nondiscrimination Act, will go into effect. This portion of the law prohibits employees from discrimination against an individual based on genetic testing. Title I of the law, which went into effect in May 2009, prohibits health insurance providers from discrimination against an individual based on genetic testing.

For example, a health insurance company could not refuse to cover an individual because he or she had a genetic predisposition for breast cancer, diabetes or heart disease. Nor could an employer refuse to hire an employee, based on that genetic information. In fact, it would be a violation of the law for the employer to even acquire information about an employee’s genetic profile.

More than 13 years in the making, GINA was signed into law by President George W. Bush on May 21, 2008.  The law was passed partly out of concern that individuals were refusing genetic testing, which might have improved their health care, because they feared discrimination from employers or health insurance providers.

The EEOC recently released GINA guidelines for employers to be in compliance with this new law.

Under Title II, GINA prohibits employers from intentionally (more…)

As genetic testing becomes more prevelant, employers need to be aware of the Genetic Information Non-discrimination Act, or GINA. That is why the EEOC is inviting employers and the public to comment on proposed GINA regulations until April 25, 2009 at www.eeoc.gov.

When the Human Genome Project began the cataloguing of human DNA back in April of 2003, it was hailed as a scientific milestone. It also raised fears of an Orwellian future in which “Big Brother” would sort people by their genetic tendencies. There was concern that a worker’s future would be determined by the results of his or her genetic tests.

Now there is a law that addresses such concerns. It is the Genetic Information Nondiscrimination Act or GINA. Under GINA it is illegal for employers to make job decisions based on genetic information. Such decisions would include, hiring, firing, pay, training, working conditions, status, raises, and promotions. The law means it is illegal (more…)

 A tragic case in California illustrates exactly why federal legislators recently passed stiffer penalties for employers who fail to provide safe working conditions for workers under the age of 18.

GINA, the recently passed Genetic Information Non-disclosure Act, provides for a $50,000 fine for any employer who is found in violation of a safety regulation, resulting in the death of a worker who is a minor.

Recently, the California Department of Industrial Relations’ Division of Occupational Safety & Health (DIR/Cal/OSHA) issued six citations in the sad death of a 17-year-old female Hispanic farm worker. Even more tragically, this death could easily have been prevented if the employer had taken a few minutes to comply with a few simple safety rules.

Maria Vasquez Jimenez died of (more…)