Don’t say that the EEOC did not warn you – it included GINA as one of its priorities in its Strategic Enforcement Plan ("SEP").  So now, hot on the heels of its first GINA lawsuit (and settlement), the EEOC announced thatit has filed a GINA class action against The Founders Pavilion, Inc., a Corning, N.Y. nursing and rehabilitation center.  Under GINA, employers cannot, in the hiring process, request genetic information and family medical history.

The EEOC alleges that the company conducted post-offer, pre-employment medical exams of applicants, and annual exams if the person was hired, and requested family medical history.

Elizabeth Grossman, the NY EEOC’s regional attorney said that "GINA applies whenever an employer conducts a medical exam, and employers must make sure that they or their agents do not violate the law.  Here, not only did the employer ask for prohibited information, it also discriminated against individuals with disabilities or perceived disabilities as well as pregnant women."

That last statement should resonate with health care facilities, who we have repeatedly warned that the EEOC is targeting under the ADA for disability discrimination.  Now, it seems, it is targeting them under GINA too.