What California Employers Need To Know About The Genetic Information Nondiscrimination Act

November 23, 2009

On November 21, the Genetic Information Nondiscrimination Act ("GINA") took effect.  GINA, a federal law that applies to employers with 15 or more employees, prohibits discrimination by insurers and employers based on "genetic information," which is defined broadly to include genetic tests and family medical histories.  GINA also restricts employers from requesting or requiring genetic information, protects the confidentiality of lawfully obtained genetic information and prohibits retaliation against employees who complain about genetic discrimination. 

Even though GINA may not have a significant impact on California employers since California law already prohibits genetic discrimination, at a minimum, employers must take the following steps to ensure GINA compliance:

  • Post the updated "EEO Is The Law" poster, as required by GINA.  The poster may be obtained at
    http://www1.eeoc.gov/employers/poster.cfm.

  • Update policies to prohibit discrimination based on genetic information.

  • Audit employment practices to ensure that employees are not asked to provide family medical histories, except as allowed by GINA. Employers may request such information, for example, to meet certification requirements of state or federal family and medical leave laws or in connection with health or genetic services offered as part of wellness programs, so long as certain procedural safeguards are met.

  • Separate genetic information—including family and medical leave certifications—from other personnel documents and place it in a confidential medical file accessible only to employees with a need to know the information.

  • Train human resources personnel and recruiting staff on GINA's requirements to ensure that no one is requesting or disclosing genetic information, except as expressly provided by the Act.

This E-Update was authored by Lisa Frank and Brenda Kasper.  For more information regarding GINA, please do not hesitate to contact Ms. Frank, Ms. Kasper or any other Paul, Plevin attorney by calling (619) 237-5200.

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