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Report Link GINA Becomes Effective In November; EEOC Publishes New Poster.Barker Olmsted & Barnier - November 05, 2009 The Genetic Information Nondiscrimination Act (“GINA”) becomes effective this month, on November 21, 2009. Generally, this federal law prohibits employers from acquiring or using genetic information about its employees, with certain exceptions. Report Link EEOC Revises "EEO is the Law" Poster to Include Information on GINA.Ford & Harrison LLP - October 30, 2009 As of November 21, 2009, covered employers will be required to post information on the ban on employment discrimination based on genetic information contained in the Genetic Information Nondiscrimination Act of 2008 (GINA). GINA prohibits employers from discriminating against applicants and employees based on genetic information. The law also restricts employers' acquisition and disclosure of genetic information. The employment provisions of GINA apply to private and state and local government employers with 15 or more employees, employment agencies, labor unions, and joint labor-management training programs. They also cover Congress and federal executive branch agencies. Report Link New EEOC Workplace Poster Now Available for Employers.Fisher & Phillips, LLP - October 30, 2009 The Equal Employment Opportunity Commission has revised the workplace notice that employers covered by federal anti-discrimination laws must post to reflect the requirements of the new Genetic Information Nondiscrimination Act and the changes made by the ADA Amendments Act. Report Link EEOC Issues New "EEO is the Law" Poster.Buchanan Ingersoll & Rooney PC - October 30, 2009 On October 26, 2009, the EEOC updated its "EEO is the Law" posters. The new posters update the 2002 "EEO is the Law" poster and the 2008 Office of Federal Contract Compliance Programs (OFCCP) "EEO is the Law" poster to reflect changes made by the Americans With Disabilities Act Amendments of 2008 and the Genetic Information Nondiscrimination Act of 2008 (GINA). The new posters also included a changed Vietnam Era, Special Disabled Veterans Section and a new section regarding Retaliation. Report Link EEOC Releases New Equal Employment Opportunity Poster.Jackson Lewis LLP - October 30, 2009 Federal law requires postings in workplaces informing individuals of their rights under federal employment discrimination laws. The Equal Employment Opportunity Commission has published a notice revising its “Equal Employment Opportunity is the Law” poster to reflect changes required by the employment provisions (Title II) of the Genetic Information Nondiscrimination Act (GINA), which become effective on November 21, 2009. The new poster can be found at http://www.eeoc.gov/posterform.html. Report Link New GINA Regulations Would Affect Certain Group Health Plans, Wellness Programs.Jackson Lewis LLP - October 20, 2009 Title I of the Genetic Information Nondiscrimination Act of 2008 (“GINA”) prohibits discrimination based on genetic information in group health plans and health insurance issuers. The Secretaries of Labor, Treasury and Health and Human Services have issued regulations (“Regulations”) to implement Title I of GINA which, among other things, affect wellness programs that seek information about participants’ family history and reward those who provide that information. (These regulations can be found at http://www.dol.gov/federalregister/HtmlDisplay.aspx?DocId=23182&AgencyId=8&DocumentType=2.) While GINA is effective for plan years beginning after May 21, 2009, the Regulations apply to group health plans and health insurance issuers for plan years beginning on and after December 7, 2009. Report Link Do Your Health and Wellness Plans Violate GINA?Ogletree Deakins - October 08, 2009 Many employers with wellness program that use health risk assessments will have to modify their assessments to avoid running afoul of the Genetic Information Nondiscrimination Act of 2008 (GINA), under final interim regulations set to appear in the Federal Register on October 7, 2009. Report Link Genetic Information Nondiscrimination Act Regulations Expected: Are Your Wellness Programs Ready?Jackson Lewis LLP - August 26, 2009 Employers who sponsor workplace wellness programs should be on alert for new regulations that may change their programs extensively. The employment provisions (“Title II”) of the Genetic Information Nondiscrimination Act (“GINA”), which prohibit employers from discharging, refusing to hire or otherwise discriminating on the basis of genetic information, become effective on November 21, 2009. Although final GINA regulations were expected months ago, the Equal Employment Opportunity Commission has now approved a proposed final rule to implement Title II. The proposed regulations are being reviewed by the White House Office of Management and Budget and will be released by the EEOC only weeks before the law’s November 21st effective date. Report Link EEOC’S Proposed GINA Regulations Limit ADA Inquiries.Barker Olmsted & Barnier - May 05, 2009 The federal Genetic Information Nondiscrimination Act (“GINA”) require employers to change their current practices regarding the acquisition of medical information. Practices that have been permissible under the ADA will no longer be permissible on account of GINA. The EEOC’s recently published proposed regulations make this challenge apparent. Report Link Proposed Regulations Under Federal Genetic Information Nondiscrimination Act (GINA) Suggest Employer Action Now.Littler Mendelson, P.C. - March 12, 2009 In May 2008, the Genetic Information Nondiscrimination Act of 2008 (GINA) became law. Congress enacted this law in recognition that advances in genetics and the development of genomic medicine could lead to discrimination against persons based on genetic information, not only with respect to the provision and underwriting of insurance, but also in employment. Report Link EEOC Issues New Preliminary "GINA" Guidance.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - March 10, 2009 On February 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act of 2009 (the Stimulus Act). Among the myriad topics contained in the Stimulus Act is the expansion of the obligations and enforcement mechanisms of the Health Insurance Portability and Accountability Act (HIPAA), and more specifically, HIPAA's Privacy and Security Rules. Below is a summary of the most significant changes to the HIPAA Privacy and Security Rules. Report Link Is GINA Your New Best Friend?Elarbee, Thompson, Sapp & Wilson, LLP. - October 14, 2008 If you carried a genetic marker indicating you will develop cancer during your lifetime, would you want to know? Even if you wanted to find out – so you could get regular checkups to catch any danger early – would you want your employer or your health insurer to know? Chances are most people would not. And Congress overwhelmingly agreed. Report Link New Law Prohibits Genetic Bias and Limits Genetic Data Collection and Use.Phelps Dunbar LLP - September 11, 2008 On May 21, 2008, President Bush signed into law the Genetic Information Nondiscrimination Act ("GINA"). The new law becomes effective November 21, 2009. GINA applies to both group health plans (Title I) and Employers (Title II). Title I of GINA, modeled on HIPPA, regulates group health plans and health insurers. It takes effect with the plan year that begins one year after enactment (for calendar year plans, January 1, 2010). The three federal agencies responsible for enforcement of Title I, namely, the Department of Labor, Health & Human Services and the Treasury Department, must issue final regulations by May 21, 2009. Report Link GINA Legislation: More Protection for Employees, More Complexities for Employers.Fredrikson & Byron, P.A. - August 27, 2008 President Bush signed the Genetic Information Nondiscrimination Act (GINA) into law on May 21, 2008. The law, which had overwhelming support in both houses of Congress, is intended to prevent employers, employment agencies, labor unions, and health insurers from discriminating against individuals based on genetic information. GINA amends various federal laws. As a result, several federal entities, including the Equal Employment Opportunity Commission (EEOC), the Department of Labor, the Secretary of Health and Human Services, and the Secretary of Treasury are tasked with issuing regulations to implement the law. The law becomes effective for insurers on May 21, 2009, and for employers, labor unions, and employment agencies in November 2009. Report Link New GINA Law Also Affects Wage/Hour Provisions.Fisher & Phillips, LLP - July 02, 2008 A little-noticed part of the recently-enacted federal Genetic Information Nondiscrimination Act (GINA) has substantially increased the potential monetary exposure for employers who violate the federal Fair Labor Standards Act's child-labor restrictions. These changes took effect when President Bush signed the law on May 21, 2008. Report Link Genetic Information Nondiscrimination Act Finally Becomes Law.Ogletree Deakins - June 25, 2008 President George W. Bush recently signed into law H.R. 493, also known as the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits employers from discriminating against applicants and employees based on genetic tests or genetic information. Report Link Introducing GINA (pdf).Vedder Price - June 05, 2008 On May 21, 2008, President
Bush signed the Genetic
Information Nondiscrimination
Act (GINA), a law that prohibits
discrimination in employment
(Title II) and insurance (Title I)
decisions against individuals
who may be genetically
predisposed to certain
diseases. Report Link President Signs Genetic Information Nondiscrimination Act.Barker Olmsted & Barnier - June 03, 2008 On May 21st, President Bush signed The Genetic Information Nondiscrimination Act of 2008 ("GINA") into law. According to the National Institutes of Health's National Human Genome Research Institute, "GINA protects Americans from being treated unfairly because of differences in their DNA that may affect their health. The new law prevents discrimination from health insurers and employers." Report Link The Genetic Information Nondiscrimination Act (GINA) Finally Becomes Law.Ogletree Deakins - May 29, 2008 Today, President George W. Bush signed into law the Genetic Information Nondiscrimination Act of 2008 (H.R. 493) (GINA) which prohibits employers from discriminating against applicants and employees based on genetic tests or genetic information. The federal government already has a similar law applicable to federal employees – the Government Employee Rights Act of 1991. The new law also prohibits health insurers from restricting enrollment and premium adjustments for health insurance on the basis of genetic information or genetic services. Report Link Genetic Information Nondiscrimination Act of 2008.Buchanan Ingersoll & Rooney PC - May 28, 2008 On May 21, 2008, President Bush signed the Genetic Information Nondiscrimination Act of 2008 (GINA) into law, following overwhelming support in both the House and Senate. GINA, which will take effect in 18 months, prohibits discrimination on the basis of genetic information, and makes changes to numerous laws.
Specifically, GINA prohibits: (1) employers from failing to hire, discharging, classifying or segregating, or otherwise discriminating against an employee because of genetic information; (2) employment agencies from failing to or refusing to refer an individual for employment; (3) labor organizations from excluding or expelling a member on the basis of genetic information; (4) employment or labor organizations from causing an employer to discriminate against an employee in violation of GINA; and (5) retaliation against employees alleging violations of GINA or participating in the investigation of alleged violations. Report Link New Law Prohibits Genetic Discrimination.Baker Hostetler LLP - May 28, 2008 The newly enacted Genetic Information Nondiscrimination Act of 2008 ("GINA") adds individual genetic information to the list of protected employee characteristics. Under the law, "genetic information" is defined to include information about an individual's genetic tests, genetic tests of family members, and the "manifestation of a disease or disorder in family members." Report Link Employers and Insurers Meet GINA – The Newest Addition to the Federal Discrimination Law Family.Ford & Harrison LLP - May 27, 2008 On May 21, 2008, President Bush signed into law the Genetic Information Nondiscrimination Act (GINA) (H.R. 493), which prohibits discrimination by employers and insurers based on genetic information. Report Link Genetic Information Nondiscrimination Act Signed into Law.Elarbee, Thompson, Sapp & Wilson, LLP. - May 27, 2008 On May 21, 2008, President Bush signed into law the Genetic Information Nondiscrimination Act (GINA). The employment provisions of GINA do not take effect until November 21, 2009. The law prohibits discrimination in employment on the basis of genetic information – data that “detects genotypes, mutations, or chromosomal changes” which indicate a propensity to develop certain conditions. GINA will be enforced by the EEOC and the courts, and the remedies are the same as those for other types of discrimination under Title VII. Report Link Long-Awaited Federal Law Bans "Genetic Information" Discrimination.Jackson Lewis LLP - May 23, 2008 Passed almost unanimously, the new Genetic Information Nondiscrimination Act of 2008 (“GINA”) prohibits discrimination on the basis of genetic information in employment and health insurance. GINA’s employment law provisions become effective November 21, 2009. For health plans and health insurance issuers, GINA generally is effective for plan years that begin on and after May 21, 2009, one year from the date President George Bush signed the measure into law. GINA also makes certain changes to the Fair Labor Standards Act concerning child labor that take effect immediately. Report Link Genetic Antidiscrimination Law Creates New Compliance Challenges for Employers.Littler Mendelson, P.C. - May 23, 2008 Nearly seven years after declaring in a Presidential Radio Address that "[g]enetic discrimination is unfair to workers and their families" and that "[t]o deny employment or insurance to a healthy person based only on a predisposition violates our country's belief in equal treatment and individual merit," on May 21, 2008, President George W. Bush signed the Genetic Information Nondiscrimination Act of 2008 (GINA). Intended to encourage Americans to take advantage of advances in the genetic sciences without fear of adverse consequences, GINA provides broad protections in employment and health benefits against the improper collection, use or disclosure of employees' genetic information. Although GINA does not become effective until November 21, 2009, employers should immediately begin taking steps to ensure compliance with the Act. Report Link Getting To Know GINA.Fisher & Phillips, LLP - May 06, 2008 After languishing in Congress for 12 years, the Genetic Information Nondiscrimination Act (GINA) has now been passed by both the U.S. House of Representatives and the Senate. President Bush has publicly supported the legislation and is expected to sign it soon. Report Link Genetic Testing of the Workforce: Potential Minefield For Employers.Elarbee, Thompson, Sapp & Wilson, LLP. - April 17, 2006 Recent advances in the field of genetics have reignited the ongoing, tense legal debate over whether employers and health insurance companies should be allowed to mandate genetic testing of job applicants and existing employees. Over 1,100 genetic tests are currently available—more than double the number available only five years ago. Report Link The Impact of the "Genetic Revolution" on the Insurance Industry.Jackson Lewis LLP - May 01, 2001 The unlocking of the human genetic code, almost five years in advance of the original goal of 2005, has left employers and insurance providers unprepared for the potential legal and ethical problems associated with access to an employee's genetic information.
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