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Part 1: Prefield Screening - a statute with a cute little name

GINA is 7 years old now, but she’s not a sweet little girl. The acronym stands for the Genetic Information Nondiscrimination Act, passed in 2008, and it is intended to prevent employers from acquiring genetic information about employees and/or discriminating against them on that basis, particularly using that information in the hiring process. Sounds like a no-brainer. As we acquire more genetic information about ourselves, we don’t want it used against us. 

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Response: When You Can Require Counseling for Workers

get help!Brent, this used to be less of a problem, but recent case law suggests that requiring counseling now may be the equivalent of requiring a medical examination. This means there can be implications under the Americans with Disabilities Act. Requiring counseling would then have to be “job-related and consistent with business necessity.” 

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