What is the Genetic Information Nondiscrimination Act (GINA)?
The Genetic Information Nondiscrimination Act (GINA) is a federal law that was passed in 2008 and applies to employers with 15 or more employees. This law protects people from discrimination based on their genetic information. GINA prohibits employers from using genetic information when making decisions about hiring, firing, promotions, and other employment decisions. GINA also prohibits employers from requesting, requiring, or purchasing genetic information about an employee or their family members. This includes both current and former employees, as well as applicants for employment. It also applies to labor organizations and employment agencies. GINA applies to all forms of genetic information, including family medical history, genetic tests, and DNA information. It also prohibits employers from retaliating against any employee, applicant, or other person who opposes any act or practice made unlawful by GINA. In Florida, the Florida Civil Rights Act of 1992 has been extended to include genetic information as a protected class under its anti-discrimination provisions. This means that employers in Florida are prohibited from using genetic information when making employment decisions, just as they are prohibited from using other protected characteristics like race, color, sex, and age. Violators of GINA, as well as the Anti-Discrimination Act of 1992 can be subject to civil and criminal penalties.
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