Law360 – Douglas Mishkin

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    DC Partner Douglas Mishkin commented on the implications of the Genetic Information Nondiscrimination Act (GINA) on employers in a Law360 article published May 28, 2013. “When employers hear about the GINA, they may think, 'No problem, because we don't make employment decisions based on genetic status,'” Mr. Mishkin said. “That's fine, but companies also need to pay attention to the prohibition against requesting or acquiring genetic information, because that’s the part of the GINA they’re likely to get tripped up on,” he added. According to Mr. Mishkin, employers should also be wary of requiring employees to submit physicals that include routine medical questionnaires that inquire about family medical history. “That's a no-no under GINA, because family medical history ordinarily will include information within the definition of ‘genetic information’ under the statute," he told the publication.

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