Thursday, November 05, 2009

New Federal Posting Requirement - GINA Poster

Employers are required to display a new federal poster, GINA poster. The GINA poster must be displayed in workplace where all employees can see. That is effective on November 21, 2009. The new federal posting requirement applies to virtually every employer, even if they never engage in genetic testing.

Under GINA (Genetic Information Nondisclosure Act of 2008), employers are prohibited from gathering information on an employee’s genetic makeup. Employers are also not allowed to considering an employee’s genetic information in making employment decisions.

Based on genetic information, health insurance providers cannot discriminate against consumers. The GINA prohibition on gathering genetic information also includes taking information on an employee’s family medical history.

GINA covers depression, schizophrenia, and bipolar disorder and other kinds of metal health conditions. One of the concerns is that employees will forgo genetic t4esting because they fear discrimination in the workplace, or from health insurance companies. Employers are also prohibited from gathering an employee’s family medical history in more traditional ways under the GINA law.

Every employer covered by Title VII of the Civil Rights Act of 1964 must display a GINA poster in the workplace. Generally speaking, that is every employer with 15 or more workers, including businesses and non-profits. GINA poster is also required to display in state and local governments, unions, labor organizations, employment agencies and the federal government.

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