Atlanta Partner Explains the Ins and Outs of GINA with HR Dive

The Genetic Information Nondiscrimination Act (GINA), designed to prohibit employers from discriminating against people who might have costly conditions, may cause confusion for employers. In an interview with HR Dive, Ted Boehm explains that the law also prohibits employers from requesting genetic information from their employees, but oftentimes “this kind of thing happens frequently when an employer has to verify medical information for an FMLA or accommodation request.” To prevent from receiving unlawful information, he recommends employers use clear language that clarifies to the employee it isn’t asking for genetic information. This will trigger the “safe harbor provision” under GINA. "That will shield you from liability because you're not specifically asking for that information," Ted added.

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