5/28/2008
New legislation will prohibit employers from making employment decisions based on applicants' genetic information. The new law also pertains to decisions regarding health insurance coverage.
President Bush signed the Genetic Information Nondiscrimination Act (GINA) into law on May 21, 2008.
This Act prohibits discrimination based on genetic information in both employment and health insurance. Although GINA was signed on May 21, 2008, the employment provisions do not become effective for 18 months from this date. The health care plan provisions become effective one year from the date of signature.
Members of Warner's Labor & Employment Group are available to assist employers with this new legislation.
The employment discrimination provisions of GINA prohibit an employer from basing an employment decision on genetic information. In addition, GINA prohibits an employer from requesting, requiring or purchasing genetic information with respect to an employee or a family member of the employee, except in limited situations. GINA provides that it is not an unlawful employment practice:
Where an employer inadvertently requests or requires family medical history
For genetic services offered by the employer, including wellness programs
For compliance with the certification provision of the Family and Medical Leave Act
Where an employer purchases documents that are commercially and publicly available and
Where the information is to be used for genetic monitoring of the biological effects of toxic substances in the workplace (provided certain requirements are complied with by the employer)
For Michigan employers, the prohibitions regarding making employment decisions based on genetic information and obtaining genetic information concerning an employee/applicant or a member of the employee's/applicant's family is similar to that contained in the Michigan Elliott Larsen Civil Rights Act.
The health care provisions prohibit a group health plan and a health insurance issuer from denying coverage or charging different premiums based on genetic information. Further, GINA prohibits a group health plan and health insurance issuer from requiring an individual to undergo genetic testing to be eligible for coverage under a health insurance plan.
If you have any questions regarding this new Act, please contact any member of our Labor and Employment Group for help.
