GINA is here. The name sounds like a hurricane and to some employers it might be.
This "GINA" stands for the Genetic Information Non-Discrimination Act, signed into law May 21, 2008.
As science has gotten more sophisticated and the cost of health care continues to rise, it became clear that employers would start using genetics as a way to screen new hires or let go of current employees. This law prohibits discrimination by employers and health insurers on the basis of genetic information. Many states already have laws on the books, this just broadens the protection against genetic discrimination, The bill authorizes civil actions by employees, individuals, or their representatives for damages or equitable relief against employers who violate this act.
GINA's employment provisions took effect on November 21, 2009, and its group health plan provisions apply to calendar-year plans as of January 1, 2010. New employment posters should be ordered that include GINA.
What do you need to do to avoid getting swept away by GINA?
First, ensure your employee medical records procedures comply with GINA by maintaining all documentation related to an employee's health, medical condition or treatment in a secure location and in a confidential file separate from other personnel records. GINA requires that genetic information about an employee or applicant be maintained in a separate medical file and kept discretely as a confidential medical record.
Doctor's notes for absences that contain a medical diagnosis need to be kept separately from the normal personnel file. It is actually recommended for you to create a standard absence notice that you give to employees to have completed by the doctor. This notice would not include any medical information to minimize the risk.
Take a good hard look at your employee handbook and other policies to make sure that they make it clear that you do not discriminate on the basis of an employee's genetic background.
Make sure your company EEO statement and employment application adds language to include GINA, as GINA will affect not only current employees, but potential applicants as well.
Work closely with your health care, insurance and other benefits providers to make sure that your plans are in compliance. Recently, employers have been conducting health risk assessments on employees or creating different benefits plans based on criteria to incent "healthy" behavior. These plan designs need to be examined closely to see if they violate the law.
Finally, speak with all your supervisors to make sure they understand that all medical information provided by employees must be handled differently. For example, an employee tells you that their mother just died from cancer and it runs in the family. Later, you decided to terminate that employee but somehow it is suggested that the termination was because the company wanted to avoid the costs of medical care should the employee get cancer. This would create big problems.
This new law is one that will result in new litigation very quickly, since employees share a lot of information and often talk about medical issues at work. The key with GINA, as with every hurricane, is to be prepared.
(C) 2010 Jerry Ballard, Perfect People Solutions
This "GINA" stands for the Genetic Information Non-Discrimination Act, signed into law May 21, 2008.
As science has gotten more sophisticated and the cost of health care continues to rise, it became clear that employers would start using genetics as a way to screen new hires or let go of current employees. This law prohibits discrimination by employers and health insurers on the basis of genetic information. Many states already have laws on the books, this just broadens the protection against genetic discrimination, The bill authorizes civil actions by employees, individuals, or their representatives for damages or equitable relief against employers who violate this act.
GINA's employment provisions took effect on November 21, 2009, and its group health plan provisions apply to calendar-year plans as of January 1, 2010. New employment posters should be ordered that include GINA.
What do you need to do to avoid getting swept away by GINA?
First, ensure your employee medical records procedures comply with GINA by maintaining all documentation related to an employee's health, medical condition or treatment in a secure location and in a confidential file separate from other personnel records. GINA requires that genetic information about an employee or applicant be maintained in a separate medical file and kept discretely as a confidential medical record.
Doctor's notes for absences that contain a medical diagnosis need to be kept separately from the normal personnel file. It is actually recommended for you to create a standard absence notice that you give to employees to have completed by the doctor. This notice would not include any medical information to minimize the risk.
Take a good hard look at your employee handbook and other policies to make sure that they make it clear that you do not discriminate on the basis of an employee's genetic background.
Make sure your company EEO statement and employment application adds language to include GINA, as GINA will affect not only current employees, but potential applicants as well.
Work closely with your health care, insurance and other benefits providers to make sure that your plans are in compliance. Recently, employers have been conducting health risk assessments on employees or creating different benefits plans based on criteria to incent "healthy" behavior. These plan designs need to be examined closely to see if they violate the law.
Finally, speak with all your supervisors to make sure they understand that all medical information provided by employees must be handled differently. For example, an employee tells you that their mother just died from cancer and it runs in the family. Later, you decided to terminate that employee but somehow it is suggested that the termination was because the company wanted to avoid the costs of medical care should the employee get cancer. This would create big problems.
This new law is one that will result in new litigation very quickly, since employees share a lot of information and often talk about medical issues at work. The key with GINA, as with every hurricane, is to be prepared.
(C) 2010 Jerry Ballard, Perfect People Solutions
Jerry Ballard is the president and lead consultant at Perfect
People Solutions, a unique consulting firm that provides professional HR
support to businesses anywhere in the U.S. If you have questions about
GINA, work discrimination, or any other people issue, visit our new
website, http://www.perfectpeoplesolutions.com, or contact Jerry directly at (888) 423-4184, ext. 4.
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