Market Areas > Human Resources > GINA Regulations

GINA Final Regulations Released: What Employers Must Know to Comply

Course Description:

The EEOC has just issued the long-awaited final regulations on the Genetic Information Nondiscrimination Act (GINA). Is your organization prepared? 

Title II of GINA prohibits using genetic information in making employment decisions, restricts acquisition of genetic information by employers and strictly limits its disclosure. It also prohibits retaliation against employees who complain about genetic discrimination.

Although experts say the final rule does provide additional clarity on key provisions of GINA, some uncertainly still remains, like:

• Could asking your employee if he’s feeling better after being out sick prompt him to give you genetic information, unasked for?
• How about requesting FMLA certification – are you in a gray area?

What is clear is that employers must revisit their policies and practices immediately to ensure compliance with GINA.

In this information-packed audio conference, GINA expert Ilyse Schuman of Littler, the leading employment law firm, will guide you through the ins and outs of the final regulation and how to position your organization for compliance. 

Course highlights:

• EEOC provided definitions of employee, family member, genetic information, family medical history for the purposes of GINA
• Prohibited acts under GINA: Avoiding minefields for employers
• Retaliation under GINA: New exposure for employers
• Handling the acquisition of genetic information disclosed by employees
• When requests for information violate GINA – and when they do not
• Inadvertent receipt of genetic information and safe harbor
• How the GINA regulations will impact wellness programs
• What you can request under GINA when FMLA coverage is involved

During this comprehensive session, you’ll also learn about:

• The ADA, reasonable accommodation, and GINA
• COBRA and HIPAA, meet GINA!
• What is “publicly available information” and should HR seek it out?
• Can employers conduct genetic monitoring and/or DNA analysis under GINA?
• Exceptions to disclosure of genetic information under GINA
• Employer liability under Title I and Title II of GINA
• Practical steps employers can take now to comply with GINA
• Personnel records: what HR should do now
• Can employers offer financial incentives to employees for participation in wellness programs?
• Caregiver responsibility claims and GINA

featured faculty:

Ilyse Schuman, Littler

Ilyse Shuman joins Littler as part of the firm's Government Affairs practice to provide clients with strategic counsel and substantive knowledge on legislative and regulatory developments impacting employers. A former top congressional staffer and policy advisor, worked on the United States (U.S.) Senate Committee on Health, Education, Labor and Pensions (HELP) from 2001 to 2008 . She began her work in the Senate as Chief Labor Counsel for Senator Mike Enzi on the Subcommittee on Employment, Safety and Training where she led legislative and oversight activities on issues pertaining to employment discrimination, workplace safety, labor relations and wage and hour issues. She later served as Minority Staff Director and Chief Counsel for the HELP Committee. Ms. Schuman was pivotal in the development of key legislative initiatives in the areas of labor, employment, pensions and health care, including the Pension Protection Act, the Mine Improvement and New Emergency Response Act, the Workforce Investment Act, the Food and Drug Administration Amendments Act and health care reform. Ms.Schuman was also instrumental in the recent passage of the groundbreaking Genetic Information Nondiscrimination Act (GINA), which is designed to protect Americans against employment and health insurance discrimination based on a genetic predisposition.

After leaving the Senate, Schuman joined the National Electrical Manufactures Association, where she held the position as Vice President and Managing Director of the Medical Imaging and Technology Alliance. Additionally, Schuman had served as in-house counsel at Navistar International Corporation where she advised the company on human resource matters.

MONEY-BACK GUARANTEE:

We're so confident you'll get what you want out of this conference that we'll refund every penny if you're not completely satisfied. No questions asked! It's 100% risk-free!

Pricing:

Your CD recording includes the complete audio conference presentation, audience Q&A and presentation materials.

APPROVED FOR RECERTIFICATION CREDIT:

HRCI - Receive 1.5 recertification credit hours toward PHR and SPHR recertification through the Human Resource Certification Institute (HRCI). For more information about certification or recertification, please visit the HRCI homepage at www.hrci.org. "The use of this seal is not an endorsement by the HR Certification Institute of the quality of the program. It means that this program has met the HR Certification Institute’s criteria to be pre-approved for recertification credit."

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