Genetic Information Nondiscrimination Act (GINA) News Alert

Brought to you by Progressive Business Compliance

What’s Happening?
On May 21, 2008, Former President George W. Bush signed the Genetic Information Nondiscrimination Act (GINA) of 2008 into law. GINA includes two distinct titles. Title I addresses the use of genetic information in health insurance. Title II of GINA prohibits employers from collecting genetic information from employees, and using this information to make decisions regarding employment.

The Equal Employment Opportunity Commission (EEOC) poster has been updated to include information regarding the Genetic Information Nondiscrimination Act. Employers are required to post notices explaining the Federal laws prohibiting job discrimination based on race, color, sex, national origin, religion, age, equal pay, disability and genetic information. The updates to the EEOC poster are considered mandatory.

The Fair Labor Standards Act (minimum wage) poster has also been updated as a result of the Genetic Information Nondiscrimination Act. In accordance with GINA, civil money penalties for violation of minimum wage, overtime, and child labor provisions have been increased. The updated maximum penalties are included our 2009 Federal 6-in-1 poster. The updates to the FSLA poster are considered recommended.

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 has gone into effect as of November 21, 2009. Steps to follow:



• Employers should currently be keeping employee medical information separate from their personnel files, in accordance with privacy regulations. GINA requires that employee/applicant genetic information also be maintained in a medical file and kept discretely as a confidential medical record.
• When requesting medical information, you should be sure clear guidelines are in place 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 behaviors in the workplace. Be sure to inform all your employees (managers, supervisors, HR personnel, etc.) about GINA and your employee handbook should also be updated accordingly.
• Review all your existing forms and procedures, and update forms where necessary to ensure you are in compliance with the new GINA requirements.
• Plan to update your labor law posters in order to comply with the new law requirements.