DNA ALERT: New Law Prohibits Discrimination Based On Genetic Information
*By Lois A. Gruhin

On May 21, 2008, President Bush signed into law the Genetic Information Nondiscrimination Act (“GINA”). GINA expands Title VII of the Civil Rights Act of 1964 (“Title VII”) to prohibit employers from discriminating against employees on the basis of “genetic information” in employment decisions. “Genetic information” not only includes tests that determine variations in a person’s DNA, but also information regarding family history of a particular disease.

GINA also prohibits employers from collecting genetic information from their employees, except for rare circumstances such as testing for adverse effects to hazardous workplace exposures, and requires strict confidentiality of genetic information obtained by employers. Similar to other classifications under Title VII, an employee alleging a violation of GINA can recover damages and sue for retaliation in the event of an adverse employment action following the complaint of a violation.

In addition to expanding Title VII protections for employees, GINA also prohibits health insurers from making coverage decisions based on the results of genetic testing. The rationale behind the legislation is to encourage individuals to get tested for certain genetic diseases and participate in clinical trials, free from fear of adverse employment and health insurance decisions based upon future likelihood of genetic disease. While GINA affords individuals these protections, it does not prohibit life insurers from taking into account a person’s genetic make up when issuing policies.

Consistent with the new law, employers should treat an individual’s genetic information as a protected classification similar to his race, sex, religion, etc. Employers should not make hiring, firing, promotion, or placement decisions based on this information, and amend their current policies to include genetic information as prohibited and illegal discrimination.

*Lois Gruhin, a member of the firm’s Columbus office, is a former General Counsel for Schottenstein Stores Corporation and has extensive experience in corporate compliance and employment discrimination matters. For more information about Title VII or other employment discrimination issues, please contact Lois at (614) 224-4411 or lag@zrlaw.com.

This newsletter is not intended as a substitute for professional legal advice and its receipt does not constitute an attorney-client relationship. If you have any questions concerning any of these articles or any other employment law issues, please contact Stephen S. Zashin at (216) 696-4441.
© Copyright 2008 – All Rights Reserved Zashin & Rich Co., L.P.A.