Employment discrimination based on genetic information prohibited: GINA Title II regulations

Oct 31 2009

The Poster Compliance Center Research Department advises U.S. employers that a revised “Equal Employment Opportunity Is the Law” poster including new information about GINA (Genetic Information Nondiscrimination Act of 2008) was issued by the U.S. Equal Employment Opportunity Commission. The new GINA Title II regulations are effective Nov. 21, 2009.

This is a mandatory federal change for employers with 15 or more employees. Title II applies to private and state and local government employers, employment agencies, labor unions, and joint labor-management training programs.

A new section called “Genetics” explains Title II of GINA, which protects applicants and employees from discrimination based on genetic information, restricts employers’ acquisition and disclosure of genetic information, and defines genetic information.

Under GINA, discrimination based on genetic information is prohibited in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral and other aspects of employment.

GINA was passed almost unanimously in May 2008 by both houses of Congress and quickly signed into law by President George W. Bush. It was called “the first major new civil rights bill of the new century” by the late Senator Edward Kennedy.

GINA was enacted, in large part, in recognition of developments in the field of genetics, the decoding of the human genome, and advances in the field of genomic medicine, according to the EEOC.

The Act defines genetic information as information about genetic tests, family medical history and requests for or receipt of genetic services by applicants, employees or family members.

Changes from the Americans with Disabilities Act Amendments Act of 2008 and other updates from the U.S. Department of Labor are also reflected on the new version of the EEO poster.

Poster Compliance Center is updating its all-in-one federal poster, which already included the July 2009 federal minimum wage increase and the January 2009 FMLA change.

To order an updated all-in-one federal poster or subscribe to Poster Compliance Center’s 1-Year Compliance Protection Plan with unlimited automatic updates, go to www.postercompliance.com.