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 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…)

The Alabama Department of Labor recently took the opportunity to remind employers that with school in session, new regulations apply to those who employee workers under the age of 19.

The regulations take effect on the first day of school, so the date will be slightly different in various areas.

All minors under 18 must have work permits to be legally employed. Permits are issued at all city and county Boards of Education, and at many high schools in the state. Many private schools also issue permits.

According to the Alabama Department of Labor, violations to the state child labor laws (more…)

Every employer should be aware of the Genetic Information Nondiscrimination Act or GINA, which was signed into law by President Bush on May 21, 2008. This law makes it illegal to discriminate against employees in hiring, firing, job placement, promotion or other employment decisions based on an individual’s genetic profile.

According to Francis S. Collins, M.D., PhD., director of the Human Genome Research Institute,  under GINA “No one will need to fear their DNA is going to be used against them.”  Dr. Collins adds, “This law will protect everyone with DNA—and that is all of us.”

GINA also prohibits (more…)