GINA Safe Harbor Policy SAMPLE POLICY - Midwest Hardware

1 GINA & quot ; safe Harbor & quot ; PolicyThis POLICY is important. GINA violations can result ingreat liability. The safe Harbor language gives you alayer of Genetic Information Nondiscrimination Act(GINA) became effective in January 2011. GINA restricts collection of genetic/family medical historyinformation. A major issue is & quot ;inadvertent& quot ; did not ask for it, but the employee, doctor, orinsurance company sent it anyway. Nonetheless, yourpossession of that information can violate the law. The EEOC has created a & quot ; safe Harbor & quot ; provision. If yougive fair warning that you do not want the information,then you are not liable for having it in your recordswhen the employee or doctor sends it anyway (and, aslong as you also don't use it in violation of the law).The EEOC's suggested safe Harbor language is intendedto be included on requests for medical information andforms sent to doctors for Workers Compensation,fitness for duty, FMLA, etc. It is also crucial to includethe no-GINA information warning in an employeehandbook.

2 Most handbooks require one to submit adoctor's excuse for absences. However, there is noguidance on what to-or not to-submit. You may well getmore problematic information than you wanted!This POLICY should be included in the section regardingsick leave excuses, fitness for duty, FMLA verification,or other policies giving the employee a requirement forevaluation or to provide medical POLICYC aution About Genetic Information/Family MedicalHistory. You may be required or requested to providedoctor excuses for absence, fitness for duty, short-termdisability, leave verification, Workers Compensationreports, or other information relevant to work, safety,insurance, or leaves of absence. There is certaininformation [Company] does not need and doesn'twish to have. The Genetic InformationNondiscrimination Act of 2008 (GINA) prohibitsemployers and other entities covered by GINA Title IIfrom requesting or requiring genetic information of anindividual or family member of the individual, exceptas specifically allowed by this law.

3 To comply with thislaw, we are asking that you not provide any geneticinformation when responding to a request for medicalinformation, fitness for duty, sick leave, FMLA verification, etc. & quot ;Genetic information& quot ; as defined byGINA, includes an individual's family medical history,the results of an individual's or family member'sgenetic tests, the fact that an individual or anindividual's family member sought or received geneticservices, and genetic information of a fetus carried byan individual or an individual's family member or anembryo lawfully held by an individual or familymember receiving assistive reproductive contact _____regarding any questions about this POLICY or about anyinformation you may be requested to provide to[Company]. Keep your policies current; subscribe to theMHA s new Employee POLICY Workbooktoday. For details CLICK HERE.