DO YOU KNOW GINA?
Not that one. We are talking about the Genetic Information Non-discrimination Act (GINA). It has been law for a few years and we hope many union reps have heard about it. But we worry that not very many at all know what a GINA violation looks like. One rule of thumb is that if the issue concerns a medical or mental condition and employee currently has or is thought to have that is typically a disability issue. If the issue concerns the potential for an employee or applicant having a medical or mental condition that is typically a GINA issue. Most labor agreements allow for the issue to be grieved; otherwise, pursue them through the EEO office. The two most common violations are requests for employee or applicant family medical history and demands for DNA swabs. If you want a far more thorough understanding of the law than we can provide, we recommend the 2016 posting, “A Brief Legal Overview of the Genetic Information Nondiscrimination Act.”