Does GINA put any new limitations on existing federal law?
A. GINA puts new limitations on the Americans with Disabilities Act (ADA) with regards to collection of genetic information. Given that most individuals’ medical files include family history and may even have genetic test information, employers who require access to such records must take measures to avoid improperly collecting genetic information. Collection of medical information that is currently allowed in order to meet a request for reasonable accommodation under the ADA will need to be in compliance with GINA. Similarly, under the ADA there virtually is no limit on the scope of medical evaluations that are permitted after a conditional offer of employment has been made. Under GINA, however, an employer is not permitted to collect genetic information as part of this process. Q. Are there exceptions to the rule against employer collection of genetic information? A. Employers are generally barred from collecting genetic information about an employee or an employee’s family member, w
