b'program by conducting genetic testing. Early in the program,What Should I Do:the company determined an employee was predisposed andGood: Be careful of family health histories.For most employers threatenedterminationiftheemployeewouldnotacceptathat is the only real way GINA will affect you. You need to avoid different position that reduced the risk. Clearly this would violateobtaining family health histories at all costs. Make sure your GINA now, but the circumstances occurred before the law wasemployee handbook prohibits discrimination based on genetic passed and the Equal Employment Opportunity Commissioninformation, and put up the required poster from the EEOC (EEOC) scrambled to attempt to characterize the employersregarding genetic information discrimination.actions as a violation of the ADA.Better: In addition to the items above, store any medical file Passed down disease: An employee requests FMLA leave toinformation regarding employees in a separate, locked cabinet, take care of her father. As part of the employees request forand use the safe harbor language on any medical information leave, she explains that her father has Huntingtons diseaseformstoprotectagainstinadvertentdisclosureofprotected and that she herself is scared because she has a greater thaninformation (including FMLA request forms).50 percent chance of getting the disease. Reeling from other employeehealthclaimsandtheskyrocketingpremiumsforBest:All of the above, and make sure that any pre-employment health insurance, the employer finds the first opportunity to lethealthscreeningsdontaskforafamilymedicalhistoryor the employee go after she returns from leave, despite excellentrequire genetic testing unless you meet an exception.performance appraisals in the past three years. Clearly this is a violation, but reflects on an all too common conundrum for employers who are trying to find any way possible to cut down on the high cost of healthcare for their employees.Doesanybodyelseinyourfamilyhavethat:Tomcomes back from bereavement leave and tells his employer that his mother passed due to cancer. His employer inquires, possibly innocently, whether anyone else in Toms family has had to deal with cancer. Tom replies that he has lost six relatives to cancer over the last 10 years. Weeks later, Tom is passed over for a promotion to the companys controller. He files an EEOC claim based on genetic information discrimination. Is it a valid claim? We dont know the mind of Toms boss, but it doesnt really matter; the employer will have to deal with an EEOC investigation and possibly a lawsuit costing thousands of dollars in legal fees just because he asked one question too many and it was considered a probing question by the employee.48'