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The Genetic Information Nondiscrimination Act of 2008 (GINA) makes it unlawful to refuse to hire, discharge, or otherwise discriminate against an employee because of genetic information. The Act also makes it unlawful to request, require, or purchase genetic information with respect to an employee or a family member of an employee, except in limited circumstances.
The unlawful employment practices under GINA (regarding discrimination) are nearly identical for employers, employment agencies, and labor organizations as for other protected classes.
GINA, signed into law on May 21, 2008, prohibits discrimination on the basis of genetic information with respect to health insurance and employment.
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.