HR Management & Compliance

Who is GINA and Why Do I Care If She’s on Facebook?

GINA is, of course, the Genetic Information Nondiscrimination Act, says attorney Peter Lowe, and you do care about GINA and Facebook, because Facebook pages are likely to reveal prohibited genetic information.

What is GINA:

The Genetic Information Nondiscrimination Act prohibits employers from collecting genetic information or discriminating based on genetic information.
Genetic information includes information about:

  • An individual’s genetic tests
  • Genetic tests of family members
  • The manifestation of a disease or disorder in family members (i.e., family medical history)

An employer does not violate GINA if it learns of a disease or manifestation inadvertently through a social media platform.

However, the employer must be careful about what it does after it inadvertently gains genetic information; the exception probably doesn’t apply where employer asks follow up questions likely to elicit genetic information.

For example, an employee writes on her Facebook page:

OMG! My mother was just diagnosed with cancer. I can’t believe this is happening to my family again!

What’s the right response? asks Lowe.

A. I’m so sorry to hear the bad news, let me know if there is anything the company can do to support you during this trying time.

OR

B. That’s awful! Does cancer run in your family?

Clearly, answer B will elicit genetic information, and will likely void the “inadvertent” exception to GINA.


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2 thoughts on “Who is GINA and Why Do I Care If She’s on Facebook?”

  1. It seems that GINA is making every HR manager’s life more complex than needed, and most business owners these days don’t have time to focus on training HR staff to complete compliance. In our opinion, PEOs (Professional Employer Organizations) can drastically ease the stress on busy business owners while ensuring complete HR regulation compliance.

  2. It’s funny how the risks and benefits of new technology can shift overtime. When Facebook first caught fire, it seemed like a great way to gather info on potential employees, but now it sometimes seems too risky to check out applicants’ online personas.

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