The Genetic Information Nondiscrimination Act Disclosure
The Genetic Information Nondiscrimination Act (GINA) prohibits discrimination on the basis of genetic information. A covered entity may not request, require, or purchase genetic information of an individual or family member of the individual. However, the prohibition against requesting, requiring, or purchasing genetic information does not apply if the covered entity inadvertently requests or requires genetic information.
To prevent a GINA violation, the federal regulations provide a disclosure covered entities may use. This disclosure ensures that any requested genetic information was inadvertent, and therefore, not in violation of GINA. The regulations state:
- “The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by this law. To comply with this law, we are asking that you not provide any genetic information when responding to this request for medical information. ‘Genetic information’ as defined by GINA, includes an individual's family medical history, the results of an individual's or family member's genetic tests, the fact that an individual or an individual's family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual's family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services.” 29 C.F.R. §1635.8
Covered entities should include the above quoted disclosure language when requesting any medical information including, but not limited to, FMLA medical certification forms and requests for documentation surrounding an employee’s need for an accommodation.
For more information on the Genetic Information Nondiscrimination Act of 2008 visit: https://www.genome.gov/10002077/gene...iscrimination/
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