What is the Genetic Information Nondiscrimination Act (GINA)?
The Genetic Information Nondiscrimination Act (GINA) is a federal law that protects employees and job applicants from employment discrimination based on genetic information. It was passed in 2008 and applies to employers with 15 or more employees. GINA prohibits employers from using genetic information when making decisions about employee hiring, firing, pay, promotion, job assignments, and other terms of employment. GINA also bans employers from asking for genetic information from job applicants and employees. It prohibits employers from taking genetic tests or requesting family medical history from job applicants or employees. Under GINA, employers and labor unions may not require, request, or purchase genetic information from job applicants or employees. In New Hampshire, the New Hampshire Human Rights Commission is responsible for enforcing GINA. If an employee or job applicant believes that they have been discriminated against based on their genetic information, they can file a complaint with the Commission. The Commission will investigate the complaint and can issue an order to require the employer to stop discriminating against the employee or job applicant. In addition to GINA, New Hampshire has its own laws that protect against employment discrimination based on genetic information. Employers should be aware of these laws and make sure they are in compliance with both federal and state laws when making decisions about hiring, firing, pay, promotions, and other terms of employment.
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