Tag Archives: GINA

EEOC’s First GINA Suit Settlement

The first settlement between the EEOC and an employer over GINA is important because it brings attention to this relatively new law.  EEOC charges alleging GINA violations have increased each year.  Consequently, it is important for employers to ensure their policies and procedures are compliant with GINA procedures.

The Genetic Information Nondiscrimination Act (GINA) went into effect in 2009.  Some of GINA’s regulations are as follows.

  • It is illegal for employers to discriminate against employees or applicants based on their genetic information.
  • Employers cannot request or obtain genetic information, which includes any information about an employee or an applicant’s family history.
  • GINA also applies to third parties.  So, employers cannot request or obtain family medical history, even through a third-party medical provider or examiner.
  • There are exceptions for voluntary health risk assessments.  However, if the employee is receiving an incentive for completion of the Health Risk Assessment, the employer must make clear that an employee need not answer any of the questions about family medical history in order to obtain the incentive.

On May 7, 2013, the U.S. Equal Employment Opportunity Commission (“EEOC”) reached a milestone of sorts as it filed – and then settled – its first complaint ever alleging genetic discrimination under the Genetic Information Nondiscrimination Act of 2008 (“GINA”).

The EEOC filed suit in Oklahoma federal court against Fabricut Inc., one of the world’s largest distributors of decorative fabrics, alleging that Fabricut violated GINA and the Americans With Disabilities Act (“ADA”) by unlawfully asking a job applicant for her family medical history in a pre-employment, post-job offer medical examination, and allegedly rescinding her job offer based on the belief that she had carpal tunnel syndrome.

The EEOC and Fabricut reached a settlement, which is the first settlement in a GINA case.  In the consent decree, Fabricut agreed to pay $50,000 but did not admit to violating GINA or the ADA.

via EEOC’s First GINA Suit Serves As Reminder of Pre-Employment Exam Pitfall | Proskauer Rose LLP – JDSupra.

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EEOC on GINA and ADA

Maintaining employees’ personal and occupational health information in a single electronic medical record (EMR), particularly one that permits individuals with access to the EMR to view any information in the record, “presents a real possibility” that the ADA or the Genetic Information Nondiscrimination Act (GINA), or both, will be violated, according to an EEOC informal discussion letter released on June 30, 2011.

An agency letter, dated May 31, 2011, and signed by EEOC Legal Counsel Peggy R. Mastroianni, addresses two issues:

1. whether an employer or its agent should have access to an employee’s personal health information without the employee’s consent; and

2. the manner in which employers must safeguard employees’ medical information.

Title I of the ADA and Title II of the GINA both limit employer access to medical information. The letter provides a roadmap to when personal health information about applicants or employees may be accessed, regardless of whether an employer or an occupational health provider maintains information in paper or electronic files.

via Keeping employees’ personal and occupational health information in one file poses risk of ADA and GINA violations, EEOC letter warns | Employment Law Daily.

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