Don't Ask and Don't Tell: How to Avoid GINA Liability

Organizations that obtain, use and/or disclose an applicant's or employee's genetic information may run afoul of Title II of the Genetic Information Nondiscrimination Act of 2008, which prohibits companies from using genetic information to make employment decisions.

24 minute read July 28, 2011 at 04:05 PM
By
Debra S. Friedman
Don't Ask and Don't Tell: How to Avoid GINA Liability

In today's workplace, most organizations regularly obtain health-related information from employees and their health care providers. Pre-employment medical exams, fitness-for-duty exams, leaves of absence, requests for accommodations, wellness programs and receipt of doctors' notes are just several examples.

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