GINA Policy
Author: Jason Habinsky, Haynes & Boone
When to Use
The Genetic Information Nondiscrimination Act (GINA) prohibits private employers with 15 or more employees from requesting, requiring or purchasing genetic information; prohibits the use of genetic information in making employment decisions; and strictly limits the disclosure of genetic information.
GINA does not require that employers provide a written policy statement to employees, but an employer should consider implementing this policy to inform employees and managers of their GINA rights and compliance obligations. Common workplace issues that may implicate GINA include requests for medical documentation from an employee, discussions about the health of an employee's family member and employment-related medical exams. It is important for employers, including supervisors and managers, to recognize the workplace situations that may raise GINA concerns and understand how to handle them. In addition, it is important for employees to understand their rights under GINA and the employer's policy for complying with GINA.
