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Genetic Information Non-Discrimination Act

May, 22 2008

On May 22, 2008, the President signed the Genetic Information Non-discrimination Act (GINA). As the title implies, the law prohibits discrimination based on genetic information. Few employers intentionally seek genetic information from their employees, and the law is not expected to have a large impact on current employer practices. The law’s provisions are straightforward:

• Group health plans and insurers of such plans may not request or require genetic testing of an individual or family member, and they may not raise the premium charged to a group on the basis of genetic information of any group member. Genetic information includes the manifestation of diseases in family members of an individual.
• Employers may not discriminate against employees on the basis of the employee’s genetic information. Employers also may not request, require or purchase genetic information of an employee, except in connection with a voluntary wellness program, for the purposes of evaluating a request for FMLA leave, or in connection with a monitoring program designed to detect any genetic changes in an employee as a result of exposure to toxic substances in the workplace. With the exception of information provided by an employee’s healthcare provider pursuant to FMLA, the employer must not receive individually identifiable genetic data of its employees.
• Although not in keeping with the Act’s name, the law also increased the maximum penalties for child labor violations to $11,000 per underage employee, or $50,000 where death or serious injury resulted to the minor. In cases resulting in death or serious injury where the violation is willful or repeated, the fine may be increased to up to $100,000.

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