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As you probably are already aware, the Genetic Information Non-Discrimination Act, or as it’s better known, “GINA”, went into effect in November, 2009 after being passed during President George W. Bush’s presidency. Still, there are many companies that aren’t quite sure what this new law is, how it affects them and their employees and whether or not they’re even affected by it. A. Harrison Barnes, founder of EmploymentCrossing.com and a nationally recognized career coach, explains it here.

First, just as Title VII of the Civil Rights Act of 1964 states, private employers that have fifteen or more employees are subject to this new law. Also, government agencies of any size must also remain in compliance with this important federal statute. In short, it provides protection against any kind of discrimination based on one’s “genetic information”. Below are a list of guidelines that employees must ensure they follow closely. Based on information gathered via the Internal Revenue Service, here are the acts an employer may not do:

* They may not offer any kind of medical health plan that requires applicants (read: your employees) to disclose anything related to their family’s medical history.

* They may not select any medical health plan that requires a “health risk assessment” or includes any kind of questionnaire that delves into one’s current or past medical history.

* The also are prohibited from choosing any plans by any medical insurance company that attempts to bribe applicants with promises of lower premiums or deductibles for completing any kind of health assessment.

* An employer may not select a medical insurance policy that asks the question (regardless of how it is worded): “Is there any other relevant information you wish us to know?” Further, if for whatever reason a question such as this is found on an application, the insurer may not decline a candidate for refusing to answer.

* They may not request any kind of biological testing, and this includes the gathering of DNA, for the purpose of deciding one’s eligibility for medical insurance.

* Finally, a company or insurance company may not request information about other family members and the state of their current health. This is applicable to the fourth degree of a family line or tree.

Finally, A. Harrison Barnes says with the new health care plan still being hammered out in D.C. only highlights GINA. Also, this law is retroactive, meaning it affects not only new employees, but those already in your employ, regardless of what kind of jobs they are in. The EmploymentCrossing.com founder suggest employers visit the Internal Revenue Service for more information and details on GINA and if it’s new employees you’re looking for, we invite you to visit the one source for more quality candidates who are ready to go to work. It costs employers nothing and you’ll enjoy access to the most recent college grads as well as those who area already established in their careers but are looking for a new challenge.

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