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2.5 Genetic Information Non-Discrimination Act (GINA)

THE COMPANY complies fully with the Genetic Information Nondiscrimination Act of 2008 (GINA) and strictly prohibits discrimination, harassment, or retaliation based on genetic information.

THE COMPANY does not request, require, or use genetic information when making employment-related decisions, including hiring, promotion, compensation, scheduling, leave, development, or termination. Genetic information has no role in any employment action.

 

Definition of Genetic Information

Under GINA, “genetic information” includes:

  • Results of genetic tests
  • Family medical history (health information about biological relatives)
  • Information about genetic services (genetic counseling, testing, education)
  • Requests for, or receipt of, genetic services
  • Participation in clinical research that includes genetic testing
  • Genetic information of a fetus or embryo carried by the employee or their family member

Genetic information does NOT include information about an employee’s current health condition or disability unless derived from genetic testing.

 

Prohibited Actions

THE COMPANY prohibits:

  • Requesting or requiring genetic information
  • Intentionally collecting or sharing genetic information
  • Using genetic information to make decisions about employment, scheduling, assignments, insurance, or benefits
  • Harassment based on genetic information
  • Retaliation against an individual who:
    • refuses to provide genetic information
    • reports a violation
    • participates in an investigation under GINA

 

Accidental or Inadvertent Disclosure

If THE COMPANY unintentionally receives genetic information (e.g., through FMLA paperwork, workers’ compensation forms, or casual conversation), it will:

  • Treat the information as strictly confidential
  • Store it in a confidential medical file separate from personnel files
  • Not use the information for any employment-related decision

 

Confidentiality

All genetic information received by THE COMPANY—whether intentional or accidental—will be:

  • Treated as confidential medical information
  • Stored separately from personnel files
  • Accessed only by authorized individuals with a legitimate business need

 

Team Member Responsibilities

Team Members must not:

  • Request genetic information from coworkers
  • Share another person’s genetic or family medical information
  • Use genetic information in any employment-related context

Team Members must immediately report any situation where they believe genetic information was improperly requested, shared, or used.

 

Manager and Supervisor Responsibilities

Managers and Supervisors must:

  • Never request genetic information
  • Not ask questions about an employee’s family medical history
  • Redirect conversations that may lead to disclosure
  • Ensure that medical documentation does not include genetic information
  • Report any accidental disclosure immediately
  • Keep all medical information confidential

 

Violations and Consequences

Any violation of this Policy may result in:

  • Corrective action
  • Disciplinary action up to and including termination
  • Legal reporting or consequences if required by law

THE COMPANY maintains zero tolerance for discrimination or misuse of genetic information.

 

This Policy is intended to comply with and exceed the requirements of:

  • Genetic Information Nondiscrimination Act of 2008 (GINA)
  • EEOC regulations
  • Applicable state privacy and employment laws

THE COMPANY will update this Policy if legal requirements change.

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