Attorneys Flag Federal Compliance Requirements for Genetic Data Collection
Requesting, receiving or basing employment decisions on genetic information puts a company at risk of violating the federal Genetic Information Nondiscrimination Act (GINA), attorneys at Proskauer said in a Wednesday post.
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They noted GINA’s definition for genetic information includes “not only information about an employee’s genetic tests, but also the genetic tests of an employee’s family members, as well as information about the manifestation of a disease or disorder in an employee’s family members.”
They recommended employers who offer wellness programs ensure those programs comply with GINA: “Common aspects of wellness programs may involve requesting or collecting genetic information, such as health risk assessments that inquire about family medical history.”