b'Genetic Information Nondiscrimination Act (GINA)Who, What, Why . . . Who does it apply to: Any employer with 15 or more employees Information that is commercially or publicly available: This that obtains genetic information (including family history) aboutincludesinformationinnewspapersorontheInternet an employee. posted in easily located places, but the employer may not seek out this information for the purpose of using it to make Why should I keep readingI dont use genetic information: Itsemployment decisions.true; most employers dont have a program to obtain genetic Legallyrequiredmonitoring:Monitoringaspartofan informationaboutemployees,butthelawisbroadenoughoccupational safety or health program required by law is thatgeneticinformationincludesthefamilyhistoryofanexcepted from violation, but the employee must be aware employees health, which employers are much more likely toofthemonitoringandfederalguidelinesthatmustbe come in contact with. followed. enforcementandmilitary:Employersmaycollect Whatdoesitrequire:EmployersarenotpermittedtouseLaw anemployeesgeneticinformationinmakingemploymentinformation to help law enforcement and the military with decisions, retaliate against an employee for making a claimproper genetic identification.of discrimination based on genetic information, or permit anWhen can I disclose information that I have: Given that you are employee to be harassed based on that employees geneticnot supposed to have any information, there should never really information. be an occasion that you need to disclose it. That said, information employers do have may be provided to: (1) the employee whose What exceptions are there to the law: There are six so calledinformation it is; (2) in response to a court order for that specific exceptions to the law, but most of them are really more like Gettype of information; (3) to the governmentin association with Out of Jail Free Cards to avoid liability for a claim: an audit; (4) in connection with a leave request; and (5) toacquisitions:Ifanemployeraccidentallygovernment officials in connection with a disease or if imminent Inadvertent acquiresinformationregardinggeneticinformation,forhazard of life or death exists.example, a supervisor overhears someone discussing aCommon Situations:family members illness. associatedwithleaveoraccommodation:Pretesting to avoid CTS: A northern railroad company decided Acquisitionsto attempt to head off the growing number of carpal tunnel An employer is protected against violation for informationsyndrome cases it was suffering under its workers compensationreceived from an employee in connection with a request for leave under the Family Medical Leave Act (FMLA) or for accommodation under the Americans with Disabilities Act (ADA). programs:Iftheemployeeprovidedthe Wellness information as part of a health or wellness program that the employee voluntarily signed up for and the information is used only as to that program, the employer may see the information only as part of an overall assessment.47'