NEW POSTERS AND POLICIES NEEDED TO ADDRESS GENETIC INFORMATION DISCRIMINATION

The Genetic Information Nondiscrimination Act (“GINA”) makes it illegal for employers to discriminate on the basis of genetic information.  Employers will be required to include this restriction in their EEO posters and should update their EEO policies and statements accordingly.  In addition, employers should review their processes to ensure they are not requesting genetic information unless the request is limited to specific information needed.  Genetic information is included as “protected health information” for HIPAA purposes and should be treated accordingly.  GINA goes into effect on November 21, 2009.  Updated posters can be obtained from the EEOC.