As of 2009, employment discrimination on the basis of an individual’s genetic makeup is prohibited under federal law. That means employers, employment agencies and similar entities may not request, require, purchase or disclose a current or prospective employee’s genetic information, nor make employment decisions based on such information. Harassment based on genetic information also is prohibited, as with any other type of harassment covered by the Equal Employment Opportunity Commission (EEOC). What Does the GINA Cover?Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA) covers all U.S. employers with 15 or more employees. “Genetic information,” as defined by GINA, includes information about the following: • An individual’s genetic tests; GINA does not cover individuals who already have impairments or conditions that may have a genetic basis, such as diabetes or certain forms of cancer. However, the Americans with Disabilities Act (ADA) prohibits discrimination against those whose condition meets the legal definition of “disability.” Harassment on the basis of one’s genetic information, which also is prohibited under GINA, may consist offensive comments that are considered severe enough to cause a hostile or offensive work environment or which cause an adverse employment decision (i.e. the victim is demoted or terminated). Retaliation against an employee who has filed a complaint or otherwise opposed genetic discrimination also is illegal. While GINA prohibits employers and other covered entities to acquire genetic information, the EEOC designates the following narrow exceptions: 1. Inadvertent acquisition of genetic information, such as an overheard conversation about an employee’s illness; 2. In some situations where the individual has voluntarily provided such information as part of a health or wellness program; 3. Acquisition of family medical history as part of FMLA leave certification (i.e. employee is caring for a seriously ill family member) 4. Information gleaned from publicly available sources, such as newspapers 5. Information obtained through certain genetic monitoring programs that are required by law, where employee participation is voluntary 6. Genetic information obtained in a facility that engages in DNA testing (such as a forensics lab), as used for analysis of DNA markers to detect sample contamination What Businesses Need To Know About GINA ViolationsAn employer may have to request health-related information from an employee in some cases, which can lead to the inadvertent acquisition of genetic information. For example, an employee may be requesting a reasonable accommodation under the ADA or request for extended medical leave. However, it is important for employers to create a safe harbor by providing a warning to the individual about GINA. We reccommend that the Employer provide the following in writing to each employee: GINA prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by this law. To comply with this law, it is advisable that your employees not provide any genetic information when responding to this request for medical information. “Genetic information,” as defined by GINA, includes an individual’s family medical history, the results of an individual’s or family member’s genetic tests, the fact that an individual or an individual’s family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual’s family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services. GINA Lawyer Free ConsultationWhen you need legal help, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
via Michael Anderson https://www.ascentlawfirm.com/genetic-information-nondiscrimination-act-law/
0 Comments
Leave a Reply. |
Probate LawyerProbate Lawyer in West Jordan Utah. If you need probate lawyer, trust attorney, inheritance counsel, living trust, last will and testament, call 801-676-5506 now for a free consultation. Archives
April 2023
Categories |