GINA is Here: Complying With "HER" Regulations

Ok, I know that I took some liberties with "Geena" to match "GINA" in sound, but hey, it is Monday morning. GINA, or the Genetic Information Nondiscrimination Act went into effect on Saturday and as of that date employers must comply with Title II of the act. (Title I is a requirment for insurance companies to comply with the act.) I hope everyone was proactive and downloaded the poster to put up showing that you are complying with the new law.

The law firm, SeyfarthShaw, in one of their alerts listed the things that employers must do to be able to work within the confines of the law. Their advice includes:

• Conducting self audits, adjusting policies and conducting training.
• omitting genetic information from post-offer, pre-employment health history examinations and/or questionnaires;
• updating policies to prohibit discrimination based on genetic information;
• adding claims of “genetic discrimination” to waivers and releases where appropriate;
• and segregating lawfully-acquired genetic information from personnel files.

For those of you that would like to read SeyfarthShaw's entire announcment can click on here. For additional information you may also read my August 4th post and my May 24, 2008 post where I give more information about complying with GINA, including the Child Labor provisions.

On a different note, as a holiday bonus the Carnival of HR, hosted by Mike VanDervort at The Human Race Horses blog  is asking all contributors to designate a charity to which they would like readers to donate at this time of year. There are so many that would could be on my list to ask you to make a donation to, but I have a personal connection that compels me to designate the National Multiple Sclerosis Society. Clicking on the MS Society link will take you to the donation page.

GINA: Not Just About the Genetics

President Bush signed into law, on May 21st, the Genetic Information Nondiscrimination Act. Beyond the expected healthcare provisions it also had two very HR related provisions:

1. It prohibits discrimination in all areas of employment on the basis of genetic information of the employee or employee's close relatives. This includes hiring, firing, compensation, terms or priviledges of employment. An employer would also be prohibited from limiting, segregating, or classifying an employee in any fashion that would deprive the employee of any employment opportunities or adversely affect the status of the employee because of the employee’s genetic information (or the genetic information of the family member of the individual).


2. A change unrelated to genetic information is the amendment to the Child Labor section of the Fair Labor Standards Act (FLSA). GINA provided for fines of up to $100,000 for any child labor violation that leads to the death or serious injury of any employee under the age of 18.

To me preventing the death or injury of any employee is of paramount importance, but especially if you have children working for you. If you needed anything else there is also this significant financial "incentive." So make your workplaces safe, have rules that are enforced and watch those kids. They think they are "bullet-proof" and may be inclined to short cut the rules.