The Genetic Information Nondiscrimination Act (GINA) is about to become law, meaning you can’t discriminate based on the genetic information of an employee or applicant. OK, after you’ve said, “Huh? Who’s doing that?” consider there really is one likely circumstance in which GINA might cause problems for you.
To get an idea of the impact of GINA, consider the number of lawsuits that have been filed over genetic discrimination: none. That’s right. There are no lawsuits that pop up when you search on “genetic discrimination.” So, what’s the big deal about complying with GINA?
Really, for most HR managers, there’s only one big deal. Well, maybe two, with the second affecting a small number of employers.
1. Inadvertent receipt of genetic information from healthcare providers. For example, under the ADA, after a conditional offer of employment, you can require that applicants submit to a medical examination and sign an authorization for the release of their health records. These health records almost invariably include genetic information now barred from disclosure by GINA. Then, let’s say you later terminate the employee. That employee could march into court and scream that the decision was made based on the genetic info you keep on him in your file cabinet.
What to do: revise your requests for medical records to specify that you want only nongenetic information. You’ll probably want to make similar changes to applications, health insurance forms and workers comp authorizations, too.
2, Self-insured decisions. If your company self-insures for health coverage, you’ll have to make sure you follow the GINA provisions that make it illegal to raise an individual’s premiums or deny insurance because of genetic information.
Get more info on the Genetic Information Nondiscrimination Act.
