All covered employers, which include private employers with 15 or more employees, certain public sector employers, and employment agencies and labor organizations, are required to post the most recent EEO notice along with the 5 other required Federal Posters. Failure to display all required State and Federal posters can lead to fines of up to $17,000.
The Americans with Disabilities Act (ADA) and the anti-genetic discrimination laws of many states already provide some protection against genetic discrimination, but this new federal law now clearly prohibits these practices:
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Discrimination based on an employer’s predisposition against certain illnesses in hiring, compensation, promotions and other employment decisions ·
The collection and disclosure of genetic information by employers ·
Enrollment restrictions and premium adjustments based on genetic information by insurers
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Retaliation against individuals who exercise their rights under GINAWhat Employers Need to Do to Comply with GINA:
1. Ensure your employee medical records procedures comply with GINA by maintaining all documentation related to an employee’s health, medical condition or treatment in a secure location and in a confidential file separate from other personnel records. GINA requires that genetic information about an employee or applicant be maintained in a separate medical file and kept discretely as a confidential medical record.
2. Revisit your Equal Employment Opportunity (EEO) policies to ensure they comply with the new law. This means including a provision that states in your employee handbook the company does not discriminate on the basis of genetic information with respect to employment decisions.
For information on when the updated posters will be available, go to the Department of Labor web site at http://www.dol.gov/osbp/sbrefa/poster/matrix.htm. ¡
