Title I of the Genetic Information Nondiscrimination Act (GINA) prohibits discrimination in health insurance or benefits based upon genetic information. Title II of the Act prohibits the use of genetic information in employment, prohibits the intentional acquisition of genetic information about applicants and employees, and imposes strict confidentiality requirements. Effective November 21, 2009, covered employers must comply with the employment-related provisions of GINA. (The health-insurance related provisions of GINA took effect May 21, 2009.)

Under the protections of GINA, employees will no longer fear adverse employment- or health coverage-related consequences for having a genetic test or participating in research studies that examine genetic information. As defined in the law, an employee’s genetic test results, family medical history, or their immediate family member’s present health condition may constitute protected genetic information. Failure to comply with the health-benefit-related provisions of GINA can result in fines ranging from $100 per person per day up to $2,500 per violation.

Failure to comply with the employment-related provisions of GINA can result in EEOC investigations and employee lawsuits. Judgments in an employee lawsuit under GINA can range up to $50,000 per plaintiff.

Our GINA Compliance Kit is a comprehensive solution intended to help employers ensure complete compliance with Title I and Title II of GINA, avoid possible fines, and prevent costly employee lawsuits. It includes policy acknowledgment forms, a notification poster, training handouts, and an 80-page guidebook. The guidebook contains an analytical legal brief from a law firm, the complete text of GINA as enacted, FAQs, information on state laws, and sample policies.

Specifications:

Our GINA Compliance Kit includes the following important tools and information:

• An 11” x 17” policy notification poster to communicate a general policy to employees prohibiting discrimination on the basis of genetic information.
• An 80-page guidebook featuring an analytical legal brief written by an attorney, regulatory text, FAQs, sample policies, and information on state genetic information laws.
• 25 policy acknowledgment forms to document that the company’s employees have read and understand the company’s genetic information policy.
• 25 training handouts to ensure that managers, supervisors, and employees understand their rights and obligations under this new law.