Genetic Information Nondiscrimination Act of 2008 (GINA)

A federal law prohibiting employment discrimination against employees and applicants based on genetic information (42 U.S.C § 2000ff). Genetic information includes information about:

  • Personal genetic tests.

  • Genetic tests of family members.

  • Family medical history.

GINA specifically prohibits discrimination in the terms and conditions of employment, including hiring, compensation, employment benefits, advancement, employment training, assignments and termination of employment. It also limits an employer's right to collect or disclose genetic information. Harassment and retaliation are prohibited under GINA as well. For more information on GINA, see Practice Note: Overview, Discrimination: Overview: GINA (www.practicallaw.com/3-503-3975). For more information on retaliation and harassment, see Practice Notes, Retaliation (www.practicallaw.com/5-501-1430) and Harassment (www.practicallaw.com/9-502-7844).

GINA applies to private, state government and local government employers that employ 15 or more employees. GINA also applies to federal government employees and applicants for federal employment.

GINA is enforced by the Equal Employment Opportunity Commission (www.practicallaw.com/4-501-5853).

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