• Genes Violate More Than Dress Code
  • November 12, 2009 | Author: Vanessa S. Hodgerson
  • Law Firm: Fowler White Boggs P.A. - Jacksonville Office
  • We have been keeping you abreast of the Genetic Information Nondiscrimination Act of 2008 (“GINA”) which, for employers, goes into effect November 21, 2009. As a reminder, GINA makes it unlawful for employers to discriminate against an employee or applicant based on genetic information and also prohibits employers from requesting, requiring, or purchasing genetic information about employees, applicants, or their family members. Genetic information includes information about an individual’s genetic tests, genetic tests of family members, and family medical history. The following is a practical to-do list to help ensure your company is in compliance with GINA by November 21st:

    • Click here for information on how to download or order a poster that employers must post in conspicuous places for employees to view
    • Provide training for HR and benefits personnel
    • Update regular training sessions to ensure GINA is included as part of the company’s anti-discrimination/harassment training
    • Supervisors should be informed that they should not ask employees about their family medical history
    • Update employee handbooks
    • Review company practices to determine where the company might be obtaining genetic information including medical questionnaires that are properly being utilized pursuant to the Americans with Disabilities Act, bereavement forms, and non-FMLA leave requests
    • Review, segregate, and purge personnel files for genetic information

    We also recommend expunging any inquiries that solicit genetic information from all company forms (excluding properly utilized FMLA forms) and include a statement on all such forms that none of the inquiries are intended to solicit genetic information and, therefore, such information should not be disclosed.