Compliance Update: Genetic Information Nondiscrimination Act (GINA)

07/21/08

On May 21, 2008, President Bush signed the Genetic Information Nondiscrimination Act (GINA), a new law that prohibits discrimination by employers and health insurers on the basis of genetic information.

As an employer, this means you cannot:

• Hire or refuse to hire applicants based upon the results of their genetic tests, family history or plans for genetic testing
  
  
• Ask applicants any questions in writing or orally about their genetic history, tests or family medical history
  
  
• Base promotion or pay decisions on an employee's genetic tests or family history
  
  
• Fire employees because of the results of genetic testing or information you gain about their genetic risk or family medical history
  
  
• Discriminate in providing company paid or backed insurance to employees on the basis of their genetic testing or family medical history
  
  
• Require genetic testing as a condition of new or on-going employment or company insurance
  
  
• Use any of this information to the detriment or benefit of an applicant or employee even if the information is volunteered by the applicant or employee

If you are an insurance provider, you may not discriminate (in coverage or rates)against applicants or policy holders based upon their:

• Genetic test results
• Plans for genetic testing
• Family medical history

For information about how this law affects you, visit our GINA Information Center here.

Check out the new E-Guide: A Genetic Discrimination Guide that provides a comprehensive explanation of how this law will affect your day-to-day employment practices, including the collection and storage of medical information and updating your policies on discrimination