GINA - Genetic Information Nondiscrimination Act of 2008

GINA - Genetic Information Nondiscrimination Act of 2008

GINA recognizes a difference between the acquisition and use of genetic information

In May 2008, Congress passed the Genetic Information Nondiscrimination Act (“GINA”), the first major American antidiscrimination statute in over a decade. While characterized as civil rights legislation, GINA represents a major departure from every antidiscrimination statute preceding it. Historically, antidiscrimination law has been Janus-like, one face reflecting upon a legacy of discrimination with the other gazing forward to stop discrimination in the future (Perry & Payne, 2009). The four major employment discrimination statutes prior to GINA—Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Rehabilitation Act, and the Americans with Disabilities Act—were all retrospective: each looked to discrimination in the past to justify protection in the present and the future.

How Will GINA Impact an Employer's Ability to Request or Obtain Medical Information?

Pre-Hire Medical Exams

Although Title II prohibits employers from requesting, requiring or purchasing genetic information or family medical history, the final regulations provide some relief for employers in their daily interactions with employees. For example, employers are still permitted to conduct post-offer or fitness-for-duty medical exams in accordance with the standards outlined previously by the American's with Disability Act (ADA) (Colin & Jane, 2001). However, under GINA, employers must now take affirmative steps to advise (i.e. warn) its health care provider conducting the medical examination not to collect genetic information. This caution may be given in writing or verbally (if the employer does not typically make such requests in writing), but if the health care provider disregards the employer's cautions and collects genetic information, the employer must take additional steps to prevent further violations, which may include ceasing to use the health care provider, or risk violating GINA.

Requests for Workplace ...