Settling Its First Genetic Information Nondiscrimination Act (GINA) Lawsuit, EEOC Acts on PriorityMay 2013
The Equal Employment Opportunity Commission (EEOC) announced last week that it had settled its first lawsuit alleging violations of the Genetic Information Nondiscrimination Act (GINA). GINA, which was passed by Congress in 2008, makes it illegal for employers with 15 or more employees to discriminate against employees or applicants on the basis of genetic information. More specifically, GINA makes it unlawful for employers to inquire about (1) an individual’s genetic tests; (2) the genetic tests of an individual’s family members; and (3) the manifestation of a disease or disorder in the family members of such an individual. The law allows for some exceptions, including where an employee’s family medical history is required in order for the employer to comply with the certification provisions of the Family and Medical Leave Act; and where the employer offers health or genetic services as part of a wellness program, so long as no individually identifiable information is provided directly to the employer.
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