New Posting Requirement
The Genetic Information Nondiscrimination Act of 2008 (GINA)
Click here to Order the EEOC notice
EEOC/DOL Poster Order Informations
The U.S. Equal Employment Opportunity Commission (EEOC) has revised its "Equal Employment Opportunity is the Law" poster. The poster was revised to add information about the Genetic Information Nondiscrimination Act of 2008, which will take effect on November 21. The revised poster also includes updates from the U.S. Department of Labor.
Click here for a copy of EEOC notice supplement to that poster. Employers regularly employing at least 15 employees must post this supplement next to the current EEOC poster. The new text will be incorporated into the EEOC poster and be available in the FELS Laminated Poster #1 in early 2010.
What is GINA?
The Genetic Information Nondiscrimination Act of 2008, or GINA, is a new Federal law that prohibits discrimination in health coverage and employment based on genetic information. The sections relating to employment (Title II) will take effect on November 21.
What will GINA do?
GINA generally will prohibit discrimination in health coverage and employment on the basis of genetic information. GINA prohibits most employers from using genetic information for hiring, firing, or promotion decisions, and for any decisions regarding terms of employment. GINA’s employment provisions generally do not apply to employers with fewer than 15 employees.
The statute defines “genetic information” as information about:
- an individual’s genetic tests (including genetic tests done as part of a research study);
- genetic tests of the individual’s family members (defined as dependents and up to and including 4th degree relatives);
- genetic tests of any fetus of an individual or family member who is a pregnant woman, and genetic tests of any embryo legally held by an individual or family member utilizing assisted reproductive technology;
- the manifestation of a disease or disorder in family members (family history); or
- any request for, or receipt of, genetic services or participation in clinical research that includes genetic services (genetic testing, counseling, or education) by an individual or family member.
Genetic information does not include information about the sex or age of any individual.
The statute defines “genetic test” as an analysis of human DNA, RNA, chromosomes, proteins, or metabolites that detects genotypes, mutations, or chromosomal changes.