New anti-bias law

Anti-bias Law

Saturday saw a new anti-bias law being passed with the employment-related provisions of the Genetic Information Non-Discrimiantion Act of 2008 (GINA) taking effect.

The new law prohibits the use of genetic information in employment and the intentional acquisition of genetic information about applicants and employees.

Genetic information is defined as information about an individual's genetic tests, genetic tests of a family member, and family medical history, according to the Equal Employment Opportunity Commission (EEOC). In addition, employers are also prohibited from requesting or requiring individuals to undergo genetic testing.

Loopholes

However, GINA does not cover the use of information about the sex or age of an individual or the individual's family members, nor information that an individual currently has a disease or disorder, according to the EEOC.

It also does not cover tests for alcohol or drug use.

GINA also has confidentiality requirements for any genetic information that an employer lawfully possesses and prohibits employers from requesting or requiring individuals to undergo genetic testing.

According to reports, in order to comply with the new law, HR managers must post a notice with GINA information. The Equal Employment Opportunity Commission has released a poster to help employers comply with the notice requirements.

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