The BP Blast!: A California Employment Law Blog

The New Kid on the Block! Getting to Know GINA

On May 21, 2008, President Bush signed the Genetic Information Non-discrimination Act (GINA) into law. However, GINA's employment-related discrimination provisions do not take effect until November 2009. GINA was enacted, in part, to protect individuals from discrimination in employment on the basis of their genetic information. The law's anti-discrimination provisions generally impact employers already covered by Title VII. GINA prohibits employer use of an employee's or applicant's genetic information as a basis fordiscrimination in the application process, or with regard to terms and conditions of employment. With a few enumerated exceptions, employers are also prohibited from requesting or acquiring an employee's genetic information or that of an employee's family member. Like the Americans with Disabilities Act (ADA), GINA contains a provision requiring that employers keep any genetic information maintained on employees in a separate, confidential medical file. Individuals making complaints pursuant to GINA will have to file a charge with the U.S. EqualEmployment Opportunity Commission (EEOC) as a prerequisite to file suit. Compensatory and punitive damages, as well as attorney's fees, may be available to a plaintiff prevailing on a genetic discrimination based claim.

Employers should be prepared to revise their policies and practices to ensure compliance with GINA.