Dear Victoria,

On May 21, 2008 President Bush signed the Genetic Information Nondiscrimination Act (GINA), protecting Americans against discrimination based on their genetic information when it comes to health insurance coverage and employment. The Act prohibits insurers from delying health insurance or setting rates based on genetic factors, and similarly, forbids employers from using such information when making employment decisions.

So what does this mean for employers? The new law means employers may not use genetic informaion and/or knowledge of an employee's predisposition to certain illnesses in employment decisions such as hiring, firing, or promotions. Employers must keep genetic information about their employees in a separate confidential employee file.

GINA also has a health insurance component which makes it illegal for health insureres to raise premiums or deny coverage based on genetic information. Chiefly, this provision affects employers who self-insure.

 

Medical Certifications As a condition of employment, many employers require employees to submit to a medical examination. The health records obtained from the medical examinations often contain genetic information, which is now barred from disclosure under GINA. To minimize your liability, employers may request medical records to be re-written to ask that health care providers only release ono-genetic health information.

Update your Policies on EEO and Nondiscrimintation What can employers do to address these concerns and limit their exposure? Since simple bans are currently not enforceable consulting with a professional like McCabe Consultants can help organizations create an effective policy and procedure to protect workers, intellectual property, and proprietary data. Call us today at (818) 704 - 7838 to learn how.

Warm Regards,

The Team at McCabe Consultants

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