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GENETIC INFORMATION NON-DISCRIMINATION ACT

GENETIC INFORMATION NON-DISCRIMINATION ACT. EEOC INFORMATION. THE ACT. EFFECTIVE NOVEMBER 21, 2009 GINA: GENETIC INFORMATION NONDISCRIMINATION ACT PROHIBITS DISCRIMINATION, RETALIATION AND COLLECTING INFORMATION FINAL REGS NOVEMBER 9, 2010. CONTROL OF INFORMATION.

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GENETIC INFORMATION NON-DISCRIMINATION ACT

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  1. GENETIC INFORMATION NON-DISCRIMINATION ACT EEOC INFORMATION

  2. THE ACT • EFFECTIVE NOVEMBER 21, 2009 • GINA: GENETIC INFORMATION NONDISCRIMINATION ACT • PROHIBITS DISCRIMINATION, RETALIATION AND COLLECTING INFORMATION • FINAL REGS NOVEMBER 9, 2010

  3. CONTROL OF INFORMATION • EMPLOYER NOT ALWAYS IN CONTROL OF INFORMATION SENT FROM HEALTH PROFESSIONAL • EMPLOYERS WILL NOT BE LIABLE IF THEY ACCIDENTLY RECEIVE INFO • IF: THEY WARN PROVIDERS NOT TO INCLUDE GENETIC INFORMATION.

  4. THE WARNING • VERBAL CAN BE SUFFICIENT • (NOT RECOMMENDED) • DEVELOP LANGUAGE (SEE EEOC WEBPAGE) TO PUT ON INFORMATION REQUESTS

  5. EMPLOYMENT RELATED EXAMS • POST-OFFER, FMLA, ADA, WORK COMP?? • WARNING NOT TO PROVIDE GENETIC INFORMATION IS MANDATORY • EMPLOYER MUST TELL HEATHCARE PROFESSIONAL NOT TO COLLECT GENETIC INFORMATION • DON’T USE HEALTHCARE PROVIDER IF THEY DON’T COMPLY

  6. GENETIC INFORMATION • FAMILY MEDICAL HISTORY • HEART DISEASE, CANCER, BLOOD PRESSURE, ETC.

  7. CONCLUSION • CONSULT WITH ATTORNEY/EEOC • REVISE RULES AND EDUCATE STAFF • REVISE FORMS • KEEP UP WITH NEW DEVELOPMENTS • LOOK UP ON WEBSITE • DON’T ASK QUESTIONS ABOUT FAMILY HISTORY DURING INTERVIEWS

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