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, (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…)