Introducing GINA: What Human Resource Educators Need to Know

Abstract

The article identifies important issues about which human resources educators should be knowledgeable in order to equip their students with information to act in compliance with the Genetic Information Nondiscrimination Act (“GINA” or the “Act”) and minimize the potential for employer liability. In 2008, Congress passed and President George W. Bush signed GINA into law.  GINA prohibits disparate treatment discrimination in employment and the health insurance provision based on genetic information. Pursuant to its terms, GINA became effective in November 2009. In 2013, the Equal Employment Opportunity Commission (“EEOC”), one of the agencies charged with enforcement, brought its first cases seeking to enforce GINA.  (LaCroix, 2014).   In 2014, it is beginning to settle these initial cases.  Likewise, federal courts are beginning to render decisions involving the Act. This article reviews the pertinent academic literature on GINA’s legislative history and material terms of the law. It discusses enforcement efforts to date. Finally, it suggests direction for future research.