Does Title II of GINA have any impact on state or local laws addressing genetic discrimination in employment?
Title II of GINA does not trump any state or local law that provides equal or greater protections from employment discrimination on the basis of genetic information or improper access or disclosure of genetic information. back to top How to prepare for GINA Now that the GINA effective date of November 21, 2009 has come and gone, employers should should be taking several key action steps. Employers should currently be keeping employee medical information separate from their personnel files, in accordance with privacy regulations. GINA requires that employee/applicant genetic information also be maintained in a medical file and kept discretely as a confidential medical record. When requesting medical information, you should be sure clear guidelines are in place about the types of questions which can be asked and which are prohibited under GINA. Genetic discrimination should be added to the list of prohibited behaviors in the workplace. Be sure to inform all your employees (managers, supe