Genetic Information Nondiscrimination Act (GINA)

Scope

The unlawful employment practices under GINA (regarding discrimination) are nearly identical for employers, employment agencies, and labor organizations as for other protected classes.

Regulatory citations

• None

Key definitions

• None

Summary of requirements

GINA, signed into law on May 21, 2008, prohibits discrimination on the basis of genetic information with respect to health insurance and employment.

• Title I of the Act amends the Employee Retirement Income Security Act (ERISA), the Public Health Service Act, the Internal Revenue Code, and title XVIII of the Social Security Act (relating to medigap). Many of these amendments involve the use of genetic information to deny insurance or other benefits.
• Title II of the law makes it unlawful for employers to use certain genetic information to discriminate against employees or applicants. Basically, the law adds “genetic information” to the list of protected classes under federal discrimination laws. Other federal laws already prohibit discrimination based on race, gender, age, disability, and other characteristics.

While the Equal Employment Opportunity Commission (EEOC) receives very few claims under GINA each year, employers should still make it a practice to avoid acquiring genetic information and refrain from using it (when it is acquired) to make employment decisions.

What is genetic information? GINA clarifies that not all medical information is “genetic information” under the Act. Specifically, Section 210 states:

“An employer, employment agency, labor organization, or joint labor-management committee shall not be considered to be in violation of this title based on the use, acquisition, or disclosure of medical information that is not genetic information about a manifested disease, disorder, or pathological condition of an employee or member, including a manifested disease, disorder, or pathological condition that has or may have a genetic basis."

For instance, employers may still request or require certain medical information to comply with FMLA provisions (or other laws) even if that information has a genetic basis.