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The Genetic Information Nondiscrimination Act (“GINA”), signed into law in May 2008 by President George Bush, took effect on November 21, 2009. GINA prohibits employers, employment agencies, and unions from discriminating against an individual based on the person’s genetic information. Specifically, GINA prohibits an employer from using genetic information in making employment decisions, restricts an employer from acquiring certain genetic information, imposes confidentiality requirements on genetic information acquired by an employer, and prohibits retaliation against an individual who opposes actions made unlawful by GINA or who participates in proceedings pursuant to GINA. If an employer violates these provisions, an individual may be entitled to compensatory and punitive damages. The Equal Employment Opportunity Commission (“EEOC”) is charged with enforcing GINA and will issue regulations shortly.
To ensure compliance with GINA, an employer should update its workplace posters (a revised version of the EEOC’s anti-discrimination poster is available on the EEOC’s website), revise its employee handbook to reflect the company’s compliance with GINA, and train supervisors and managers about the new law.
To speak with an employment law attorney about workplace discrimination or for assistance in revising an employee handbook, please contact the employment lawyers at Clouse Dunn LLP at info@cdklawyers.com.
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