GINA: Rules Against Obtaining Genetic Facts

The Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA) states that no discrimination, by all means, should be displayed or done in an employment site. It is considered illegal to discriminate against employees or applicants because of genetic information. Moreover, Title II of GINA forbids the use of genetic information in making genetic employment decisions, and it likewise restricts employers, as well as other entities covered by Title II, from requiring genetic information. It also limits the leak of such information. Labor organizations, employment agencie and joint labor-management training and agencies, management apprenticeship programs are considered as the covered entities. Meanwhile, the Equal Employment Opportunity Commission (EEOC) is the government branch that enforces Title II of GINA. Rules Genetic information is considered as one of the s most private personal information of employees. Hence, it is normally deemed unlawful for a covered entity to get such particulars. However, as with other laws, there are specified exceptions that must be followed, to wit:
Genetic information, including medical history, may be obtained as part of health or genetic services. The same is true with wellness . programs, offered by the employer on a voluntary basis, if certain particular requirements are met. Genetic information may be obtained ay through a genetic monitoring program that observes the biological effects of toxic substances in the workplace where monitoring is required by law, or under defined situations

where the program is voluntary.

Family medical history may be obtained as part of the certification process for Family and Medical Leave Act (FMLA) leave where an employee is asking for leave to care for a family member with a possibly fatal health condition. Attainment of genetic information of employers who engage in DNA testing for legal purposes as a forensic laboratory or for aims of human remains identification is allowed; however, the genetic information may only be utilized for analysis of DNA markers for quality control to detect sample contamination. Involuntary acquisitions of genetic information do not breach GINA, such as in situations where a manager or supervisor overhears someone talking about a family members disease. Genetic information may be acquired through publicly and commercially available documents like newspapers, provided that the employer is not searching those sources with the intent of looking for genetic information or accessing sources from which they are possible to obtain genetic information. Such sources may include online discussion groups or websites that focus on issues such as genetic testing of people and genetic information.

In the event that you experience genetic information type of employment discrimination, contact an employment lawyer immediately for proper legal guidance and representation.