There’s been much ado about the feds’ recent ban on mandatory genetic testing of employees.

But few companies have employees tested, and most of those who do offer it on a voluntary basis (which is legal). So what’s all the fuss about?

New law bans discrimination

Genetic tests are rapidly becoming more comprehensive and less expensive. In fact, experts predict that the tests will become commonplace within the next decade.

The federal Genetic Information Nondiscrimination Act (GINA) is a pre-emptive strike against misuse of the tests by employers. GINA makes it illegal for employers to base hiring, firing or benefits eligibility decisions (e.g., setting someone’s premium shares) on the results of the tests.

How could GINA apply to the average employer in the short term? Two common situations:

• inadvertent receipt of genetic information from healthcare providers, and/or
• self-insurance decisions.

Example: After a conditional offer of employment, you may require an applicant to submit to a medical examination and sign an authorization for the release of their health records. These health records almost invariably include information barred from disclosure by GINA.

Now, let’s say things don’t work out with the employee, and he or she is either not offered the position or terminates shortly after hire. He or she may be able to take your company to court, claiming discrimination based on the family medical history information you keep in your filing cabinet.