Thanks to GINA, Employers Can No Longer Use Your DNA Against You
What this means is that your genetic information is safe from use by your employer. For example, suppose your genetic profile indicates a predisposition to breast cancer. Before GINA, employers might have requested that information from you before to keep down their medical insurance premiums. When they saw that information it could have constituted a red flag not to you. That can't happen now.
Thanks to GINA, employers can't require or request genetic information from job applicants, employees or the employee's family members. If employers are voluntarily provided with genetic information by employees, as in wellness programs, that data must be kept confidential.
There are a few exceptions that you should know about. They include:
- If genetic information is already in your file at work, the employer doesn't have to delete it. However, the employer cannot use it.
- If the employer stumbles across genetic information about you, for example online, that's not breaking the law. But the employer can't use that data.
- If employer receives genetic information about you as part of the medical file submitted for a disability or leave, that's not a violation of the law. That will be the case if the employer had already asked the health care provider to not release that information.
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The benefit for you from GINA is that you now know you won't be penalized if you decide to undergo genetic screening. Before GINA was final, some people hesitated, not sure what could or would happen if that data somehow became part of their employment fie.
Jane Genova, coach, book author, and lecturer on careers, specializes in transitions. Her talk on professional shifts at the New York State Bar Association has been published in VITAL SPEECHES OF THE DAY. Her latest book is OVER-50: HOW WE KEEP WORKING. She blogs on the subject at http://janegenova.com, http://lawandmore.typepad.com, http://careertransitions.typepad.com and http://over-50.typepad.com.more...