Genetic Laws in Focus Again (at least in Illinois for now)
Lawsuits are being brought in Illinois under that state’s version of GINA (Genetic Information Nondiscrimination Act), called GIPA (Genetic Information Protection Act) on the basis that questions asked by doctors – including personal and/or family medical history – during pre-employment or return-to-work physicals that may reveal the predisposition of a person (or their family) to a genetically-based disease or condition may be in violation of that act if the employer fails to affirm that the result will have no effect on the person’s employment status.
So far, this is only happening in the state of Illinois and is still working its way through their courts, but it is something to watch for because predatory legal practices can spread rapidly in the field of employment. And further, as of last October, EEOC is also focusing on potential abuses in this area.