Who must comply with GINA?
GINA applies to private and state and local government employers with 15 or more employees. Joint labor-management training programs, employment agencies, labor unions, as well as Congress and federal executive branch agencies must also comply with GINA requirements.
GINA applies to private and state and local government employers with 15 or more employees. Joint labor-management training programs, employment agencies, labor unions, as well as Congress and federal executive branch agencies must also comply with GINA requirements.
- Due to privacy regulations, employers should currently be keeping medical information about employees separate from their personnel files. GINA requires that genetic information about an employee or applicant be maintained in a separate medical file and kept discretely as a confidential medical record.
- When requesting medical information, employers should implement clear guidelines about the types of questions which can be asked and which are prohibited under GINA.
- Genetic discrimination should be added to the list of prohibited and unacceptable behaviors in the workplace, and this information should be communicated to all employees.
- The employee handbook should be updated with a provision that states your company does not discriminate on the basis of genetic information with respect to employment decisions. Human resources personnel, supervisors, and managers in particular should understand their roles and responsibilities.
- Plan to update your labor law posters in order to comply with the new law requirements.
How to prepare before the final rule takes effect on November 21, 2009.
