I just read about the new law on genetic information and testing  http://hr.blr.com/news.aspx?id=78371 .  Does anyone know specifically what we need to do to comply? New policies? Change our medical certification forms? I'm not sure how far we need to go with this, although we have some time. Thanks!

i belive the compliance date for employers is sometime in november 2009. meanwhile you'll want to update your nondiscrimination policy if you haven't done so already.  you'll also have to make sure your confidentiality of medical information is in compliance.  i believe that if you are in compliance with the ameircans with disabilities act's confidentiality requirements you would be in compliance with the genetic law's. you'll also have to review forms.

Call me an over-achiever, but I don't feel like waiting for 2009 to roll around to get started on this.  Here's a rough draft of the policy I have written up. I'll be submitting this to corporate officers later next week after I do some tweaking and feel comfortable with this. I expect it will go out to all employees in email-memo form and then it will be filed as policy.

 

 

 

To be in compliance with the Genetic Information Nondiscrimination Act of 2007 (GINA), ____________ will not discriminate against any employee or candidate for employment based on their genetic background or history. See Title II: Prohibiting Employment Discrimination on the Basis of Genetic Information - (Sec. 202). This section prohibits, as an unlawful employment practice, an employer, employment agency, labor organization, or joint labor-management committee from discriminating against an employee, individual, or member for any personnel action based on genetic information.

______________ also prohibits discriminating against or refusing health benefits to individuals based on the results of genetic testing. See Title I: Genetic Nondiscrimination in Health Insurance - (Sec. 101). This section prohibits a group health plan from adjusting premium or contribution amounts for a group on the basis of genetic information. This Section also prohibits a group health plan from requesting or requiring an individual or family member of an individual from undergoing a genetic test.

This discrimination includes all personnel actions including (but not limited to), hiring, termination, disciplinary action, granting of leave or benefits, and increases or decreases in salary. Should any employee be eligible for benefits or adding benefits to an already existing benefits package, that employee will not face discrimination based on their or their family’s genetic history.

Here is a good article from SHRM regarding this toic.

http://www.shrm.org/law/library/CMS_025725.asp