The Federal Genetic Information Non- Discrimination Act ("GINA") was passed in May 2008. The law becomes "effective" on November 21, 2009. GINA applies to employers with 15 or more employees, including employment agencies, labor organizations, and insurance carriers. The law makes it unlawful to discriminate against persons based upon "genetic information" which suggests a predisposition to chronic diseases.

"Genetic information" is defined as information gained from an individual's genetic tests, genetic tests of family members, or an individual's family medical history. GINA prevents employers from making employment decisions based upon a concern that an applicant, employee or dependent with a genetic predisposition for certain chronic medical conditions will place a financial burden on the employer's group medical insurance plan.

Therefore, employers are prohibited from discharging, refusing to hire, or otherwise discriminating against an employee based upon genetic information. GINA also prohibits retaliation against employees who claim discrimination on the basis of genetic information. Employers are prohibited from purchasing genetic information about an employee (with some minor exceptions) and cannot require an employee to submit to genetic testing. However, testing may be permitted as part of a wellness program, or medical monitoring required by OSHA. Finally, insurance companies are prohibited from raising health insurance premiums or denying coverage based upon genetic information.

What does this mean for employers? Prior to November 21, 2009, you should update your handbooks and application statements regarding discrimination and harassment to include "on the basis of genetic information." Your workplace posters may also need to be revised. Management training is recommended as well so that management is aware of this new protected category.