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GINA

What Employers Need to Know About the


Genetic Information Nondiscrimination Act

On November 21, 2009, the Genetic Information Nondiscrimination Act (GINA) went into effect. The
EEOC is responsible for its enforcement.

GINA prohibits discrimination by health insurers and employers based on individuals’ genetic
information. Genetic information includes the results of genetic tests to determine whether someone
is at increased risk of acquiring a condition (such as some forms of breast cancer) in the future, as
well as an individual’s family medical history. Specifically, GINA:
 prohibits the use of genetic information in making employment decisions;
 restricts the acquisition of genetic information by employers and others;
 imposes strict confidentiality requirements; and
 prohibits retaliation against individuals who oppose actions made unlawful by the statute, or
who participate in proceedings to vindicate rights under the law, or aid others in doing so.
Steps for Employers to Take Now :
1. Revise your EEO Statement in handbook to include prohibition on discrimination based on
genetic information.
2. Post new EEO Poster available at http://bit.ly/ginaposter
3. Train HR and Managers on GINA’s prohibitions
4. Make sure genetic information/family medical history stored in separate, confidential file
5. Revise FMLA and ADA forms to state you’re not seeking family medical history or genetic
information
6. Do not use the internet, court records, or publicly available databases to acquire genetic
information about applicants or employees

Your Presenter
Adria counsels and represents employers and management
on a wide range of labor and employment matters, including
Title VII, ADEA, ADA, FMLA, and retaliation. Her litigation
experience includes state and federal lawsuits, arbitrations,
and administrative proceedings involving discrimination and
harassment, retaliation, and common law claims. She
recently served as first chair in a federal bench trial including
discrimination and retaliation claims, in which all claims were
dismissed against her client.

In addition, Adria counsel employers on a broad spectrum of


employment-related topics such as employee discipline and
termination; internal complaints and investigations; employee
leaves of absence and absenteeism; and employment
applications, policies, and handbooks.
Adria Benner Martinelli
amartinelli@ycst.com Adria is a regular speaker on employment-related topics.
p 302.571.6613 She serves as an editor of the Delaware Employment Law
f 302.576.3314
Letter, the only monthly newsletter in Delaware written
exclusively for Delaware employers.

© 2010 Young Conaway Stargatt & Taylor, LLP


www.YoungConaway.com www.DelawareEmploymentLawBlog.com