Workforce Management
By James E. Hall, Mark T. Kobata and Marty Denis
Employers and group health insurers should review personnel practices and information-gathering polices to ensure compliance with a new law, the Genetic Information Nondiscrimination Act.
The Genetic Information Nondiscrimination Act of 2008, popularly known as GINA, prohibits discrimination on the basis of genetic information by employers and group health plans. The law, which applies to employers with 15 or more employees, employment agencies and unions, prohibits employers from discriminating against an employee or job applicant due to genetic information.
“Genetic information” includes information about the genetic testing of and manifestations of a disease or disorder affecting the employee, applicant or family members. Collection of an employee’s genetic information is permitted under limited circumstances, including when employees volunteer this information as a part of casual conversation, known as the water-cooler exception; during a wellness program; or in the process of completing certain medical-leave paperwork. Disclosure of such genetic information by an employer is also limited.
Full Story: http://www.workforce.com/archive/feature/26/88/00/index.php?ht=
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