Media Mentions

Mar 11, 2009

Camille Olson Highlighted in HR Magazine
"Don't Assume GINA Won’t Affect Your Business"

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Camille Olson was highlighted in the article, "Don't Assume GINA Won't Affect Your Business," published March 11, 2009 in HR Magazine. The article reported on Camille's presentation at the Society for Human Resource Management’s (SHRM) Employment Law & Legislative Conference in Washington, D.C., on March 10, 2009. Camille presented on the Genetic Information Nondiscrimination Act (GINA) and why human resource executives need to have this legislation on their radar. According to the article, she noted that HR should concern itself with the law's requirements because GINA does not just apply to genetic testing, but also to genetic information an employer obtains as a result of genetic testing. In her speech, Camille pointed out that under GINA, everyone who is asymptomatic is covered, but once a condition manifests itself, then the person will no longer be protected. She further noted that where GINA's coverage ends, the coverage of other laws such as the American with Disabilities Act (ADA), might begin.

Camille explained that if an employee, for example, tells an employer that he needs to take bereavement leave on Thursday and Friday because an aunt died of cancer, this is an inadvertent disclosure of genetic information to a supervisor and also a trigger for GINA. She noted, "That employee has just provided genetic information within the meaning of GINA." She advised employers to re-examine their bereavement leave forms to make sure they do not elicit genetic information. She also noted that if an employer receives a form that includes genetic information on it, that form should be kept in a confidential medical file, which could be the same file as the one used to comply with the ADA, and not the person's personnel file.

Camille concluded, that GINA is a "forward-looking law" that will come into clearer focus after the Equal Employment Opportunity Commission issues its final regulations. She added that its relevancy to employers naturally will become more apparent once it has taken effect.