The Genetic Information Nondiscrimination Act (GINA) became law on May 21, 2008. Title II of GINA, which became effective as of November 21, 2009, applies to private employers with 15 or more employees, employment agencies, labor unions, and joint labor-management training programs, among other entities.
To not run afoul of GINA employers should never use genetic information when making employment decisions because the risk that someone may develop a disease or disorder in the future has no bearing on his or her current ability to perform a job.
GINA and its governing regulations define “genetic information” to include:
- Information about an individual’s genetic tests:
- Family Medical History
- Information about the genetic tests of a family member
- Requests for, and receipt of, genetic services by an individual or a family member
- Genetic information about a fetus carried by an individual or family member, or about an embryo legally held by the individual or family member using assisted reproductive technology.
GINA is intended to protect individuals who may be discriminated against because an employer thinks they are at increased risk of acquiring a condition in the future. GINA applies even if the condition has not manifested itself at the time of the discriminatory act. On the other hand, and individual who currently has a medical condition or impairment may qualify for protect under the American’s with Disability Act (ADA).
So, in short, discrimination that arises out of the employer’s concern over an individual future risk of acquiring a condition, look to GINA for protection. Discrimination that arises out of a current medical condition or impairment, look to the ADA for protection.
Related posts:
- Seattle Employment Law Alert – Employer Requests for Employee Health Information and the Genetic Information Nondiscrimination Act
- Seattle Employment Law Alert – EEOC Statement on Genetic Information Discrimination
- Seattle Employment Law Alert – Employee Notice Requirements Under the Family Medical Leave Act
- Employment Law Alert – Hiring in Germany, Facebook May Be Off-Limits (not so in Washington)
- Seattle Employment Law Update – Wake Up Washington Employers: Disabled Workers Have Rights Too
