Genetic Information Antidiscrimination Act

As of November 21, 2009, a new basis of employment discrimination has been added to those over which the EEOC has jurisdiction. 

Under Title II of the Genetic Information Antidiscrimination Act of 2008 (GINA), it is illegal to make employment decisions on the basis of genetic information of employees or applicants for employment.  It strictly limits employers from requesting genetic information from and disclosing genetic information of employees and applicants.  It also prohibits harassment of individuals on the basis of genetic information and retaliation against individuals who have initiated discrimination complaints on the basis of genetics.

"Genetic information" includes information about diseases, conditions and disorders from genetic testing of individuals and their family members, as well as family medical history.  The use of genetic information in employment decisions is prohibited because it bears no relation to an individual's current ability to work.

Employers are not prohibited from requesting this type of from requesting information or medical documentation (as appropriate and in accordance with law) with respect to current, existing medical conditions in situations such as when an employee or applicant requests a reasonable accommodation for a disability or when required for purposes of the Family Medical Leave Act.

For more information on GINA, please see the Equal Employment Opportunity Commission's GINA web page at http://www.eeoc.gov/laws/types/genetic.cfm.