GINA

  • 1. Federal law forbids us from mentioning anything in an employment report that ties medical issues (medical, mental health, substance abuse, suicide, etc.) to a family member. "Family" is loosely defined as anyone who is any way related (parent, grandparent, child, uncle/aunt, cousin, spouse, etc.), even if they are not genetically related (stepchildren, in- laws, adopted children, cohabiting partners, etc.). The rationale is that the employer could opt not to hire the applicant (which would be discrimination) based solely on the fact that the applicant might have a higher likelihood of manifesting these same issues at some point in the future based on the gene pool. The penalty for a GINA violation can be very severe (lawsuit in federal court), so please be extra cautious of this matter.

    2. Due to GINA laws, we must keep details about family medical history vague. Even if family history is highly relevant (e.g., suicide, schizophrenia, drug addiction), we cannot specify these details. We can discuss the potential impact on the applicant’s job performance but should avoid directly linking issues to specific family members. For example, instead of mentioning a family member’s suicide, we can say, "Given that Applicant X has experienced the loss of someone close by suicide..."

  • Key Question:
    Was it necessary to request edits to a fitness-for-duty evaluation (FFDE) report that referenced the suicide of an officer’s son, given that the agency already knew the nature of the loss and the referral was not for employment purposes?

    Answer:
    While the agency was already aware of the suicide, it is prudent to avoid explicitly referencing it in the report to ensure compliance with the Genetic Information Nondiscrimination Act (GINA) and to focus the report solely on the employee.

    1. Purpose of GINA:
      GINA is designed to protect employers from obtaining or using genetic information about employees or their families, even unintentionally. While the agency already knows the information, the report should not reinforce or elaborate on it unnecessarily, especially since the tragic event involved the employee’s son and not the employee directly.

    2. Report Focus:

      • The report should center on the employee and their ability to perform their duties, avoiding detailed references to family members or events that could indirectly imply genetic predispositions or family dynamics.

      • Referencing the event in a way that avoids diagnostic terms (e.g., suicide) or family relationships minimizes potential GINA concerns and keeps the report tactful and professional.

    3. Recommended Wording:
      A phrase such as “the unexpected and tragic loss of a loved one” achieves several goals:

      • Removes direct mention of suicide.

      • Avoids specific family connections.

      • Maintains sensitivity while being GINA-compliant.

    4. Decision to Edit:
      Your decision to revise the wording was appropriate and aligns with best practices for FFDEs. Even though the agency was aware of the suicide, softening the language protects against potential misinterpretations and maintains the focus on the employee. It also ensures that the report cannot be construed as violating GINA or overstepping its scope.

    Summary:
    It was necessary and appropriate to ask for edits to the report. Using language that tactfully references the event (e.g., “the tragic loss of a loved one”) avoids drawing attention to the deceased son or potentially violating GINA. This approach keeps the report professional, sensitive, and focused on the employee while avoiding unnecessary elaboration on family matters.