GINA, Revisited
// Dallas, Texas, United States // Attorney Keith Clouse (Blog) // Keith Clouse
Four years ago, the Genetic Information Nondiscrimination Act quietly took effect. This federal law prevents employers from discriminating against employees and potential employees based on genetic information, such as genetic tests or family medical histories. Employers and employees alike seemed indifferent to this new law. Now, however, they may need to take notice.
In May, the Equal Employment Opportunity Commission released a press release regarding its first GINA enforcement action. In this action, the EEOC alleged that an employer discriminated against a potential employee based on her genetic information. The employer sent the job candidate for a pre-employment drug test and physical. The job candidate was asked to complete a questionnaire that required her to disclose information about diseases, conditions, and mental disorders in her family history. The company then withdrew the candidate’s job offer on the belief that she had carpal tunnel syndrome. After the EEOC filed suit, the employer settled the case for $50,000.
To ensure compliance with GINA, an employer should: • Educate managers about this law. • Post updated posters. • Update employee handbook language to indicate that discrimination based on genetic information will not be tolerated. • Hire employment law counsel to review hiring procedures. • Keep any genetic information strictly confidential.
To learn more about GINA, contact an employment lawyer in your area. This article is presented by the employment law attorneys at Clouse Dunn LLP. For inquiries, send an email to debra@clousedunn.com or call (214) 239-2705.
Contact Keith Clouse
KEITH A. CLOUSE
Clouse Dunn LLP
214.220.2722 214.220.3833 ( fax) keith@clousedunn.com
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