Federal Law Protects Employees’ Genetic Information
In response to concerns that people are declining to take medically valuable tests for fear they will face discrimination or invasions of their personal privacy, the federal government has passed the Genetic Information Nondiscrimination Act (”GINA”). GINA’s purpose is to prohibit discrimination on the basis of genetic information with respect to health insurance and employment. Title II of GINA, which takes effect November 21, 2009, relates specifically to employer practices, and prohibits employers from using genetic information for hiring, firing, promoting, or otherwise discriminating against an employee based on the employee’s genetic information.
GINA does not apply to employers with 15 employees or less, but state laws may impose additional conditions beyond GINA. As with many other federal laws, GINA establishes baseline regulations for employers nationwide, but individual states are permitted to impose stricter regulations above and beyond that provided by federal law.
Genetic information includes the individual’s genetic tests, genetic tests of family members, genetic tests of a fetus or embryo of the individual or family members, manifestation of a disease or disorder in family members, and the request for, or receipt of, genetic services or participation in clinical research. While there are exceptions to the information an employer can request or require, employers should now take greater caution when dealing with employee’s genetic information, and should consult an employment attorney to ensure compliance with both GINA and applicable states laws.
Julie Pfitzenmaier