by Stephen D. Hans | Sep 27, 2022 | Genetic Information Non-Discrimination Act (GINA) and COVID-19
Where to draw the line between GINA and Gathering COVID-19 Info The Genetic Information Non-Discrimination Act (GINA) is a federal law that prohibits employers from collecting genetic information about family members. This includes requesting information about a disease or disorder that is part of an individual family member’s medical records. The Equal Employment Opportunity Commission (EEOC) brought a case against Brandon Dermatology, which is medical practice based on Tampa Bay. It was collecting its employees’ family member’s COVID-19 testing results. Details of the Genetic Information Non-Discrimination Act (GINA)case In general, GINA prohibits employers from requiring, purchasing or requesting information about job applicants or employees and their family members. Brandon Dermatology reached a settlement with the EEOC through its conciliation process. As a result of the settlement the medical practice agreed to the following: Compensate affected employees through restoration of leave time or back pay Pay compensatory damages Review its COVID-19 policies Conduct training on EEO laws as they relate to COVID-19 Post a notice EEOC Guidance Related to COVID-19 The EEOC released guidance for dealing with COVID-19, so employers can be in compliance with discrimination laws. There are actions which are legal for employers to take and EEOC outlines these. Examples of legal actions include: Asking employees whether they are experiencing COVID-19 symptoms Request than an employee stay at home if they have become ill with COVID-19 symptoms If an employee becomes ill with COVID-19 symptoms at work, the employer can ask that they leave the workplace When returning to work, the employer can ask that the employee followed CDC guidance Asking the employee whether they have been tested...
