New Law Requires Caution When Dealing With Genetic Information About Employees

A new federal law requires employers to be extremely careful about the use of genetic information about their employees. The Genetic Information Nondiscrimination Act, or GINA, prohibits discrimination in health coverage and employment based on genetic information.

Specifically, the law prohibits employers from discharging, refusing to hire or otherwise discriminating against any employee based on the employee’s genetic information. GINA also prohibits employers from limiting, segregating or classifying employees in a way that would adversely affect their status, based on genetic information.

The act even forbids employers to intentionally acquire the genetic information of an employee.

If an employer lawfully possesses an employee’s genetic information, it must treat the information as confidential medical records. This means the information must be maintained on separate forms and in separate medical files in accordance with the confidential medical record requirements of the Americans With Disabilities Act.

Jess T. Enyeart can be reached at jenyeart@hhmlaw.com, or call (330) 392-1541.