The feds passed the Genetic Information Nondiscrimination Act (GINA) and it took effect on 11/21/09… which means you should add it to your wall of employment law posters immediately. (Note: California already prohibits this type of discrimination, so you may be covered if the “EEO and The Law” section of your posters includes genetic information.)
This federal law affects you if your company has 15 or more employees. GINA is intended to prohibit genetic information (such as genetic tests and family medical histories) discrimination by insurers and employers. Although this isn’t the type of information you just trip across, review your forms to check that you aren’t asking a question that could fall into this category. Your to-do’s for GINA include:
- Adding the GINA poster to your wall (or confirming it’s already included in your current posters). Here’s a copy for you: Give me GINA!
- Update your non-discrimination policy to include genetic information.
- Audit yourself to ensure you aren’t asking employees for information that’s not allowed by GINA. You may request sufficient information to meet certification requirements for state or federal medical leaves but be sure what you’re asking for doesn’t cross this line.
- Separate genetic information, including family and medical leave certifications, from other personnel documents and place it in a confidential medical file accessible only to employees with a need to know the information. For your company’s protection, make sure that’s a really short list that needs to know!
