What exceptions exist regarding employment discrimination under GINA?
• Inadvertent exception • An employer does not violate the law by inadvertently obtaining genetic information through casual conversation with employees or similar means. • FMLA exception • Employers may collect information required to satisfy the Family and Medical Leave Act (FMLA). For example, employers may require an employee to disclose that she is taking FMLA leave because her mother has breast cancer, even though her mother’s breast cancer is genetic information of the employee. • Wellness exception • This elaborate exception applies to wellness programs and requires that: • The employee provide prior, knowing, voluntary and written authorization; • Any individually identifiable genetic information is provided only to a health care professional; and • Employers may obtain only aggregated genetic information. • If all of these criteria are met, employers may have health risk assessments that request family medical history. • Publicly available exception • Employers may obtain gen
