IMPACT OF GINA FOR EMPLOYERS MINIMAL TWO YEARS AFTER LAW’S ENACTMENT

The Genetic Information Nondiscrimination Act (GINA) has not created substantial liability for employers in the two years since it went into effect, according to an analysis by attorneys with Alston & Bird. However, employers can face significant risks if they fail to ensure compliance with the more technical aspects of GINA and its implementing regulations, the authors contend. They recommend various actions that employers can take to avoid unwitting violations of the law, such as avoiding improper acquisition or disclosure of genetic information, ensuring that any such information is placed in a confidential medical file, and training managers and supervisors on appropriate and inappropriate actions under GINA. 12.20.2011