GINA/ADA & California WC Posting Requirements
A new federal law, the Genetic Information Nondiscrimination Act (GINA), took effect November 21, barring employers from hiring, firing or determining promotions based on an individual’s genetic makeup, and prohibiting health insurers from considering genetic predispositions in setting insurance rates or denying coverage. Signed by President Bush in May 2008, the GINA is the most significant addition to federal employment anti-discrimination laws since the enactment of the Americans with Disabilities Act (ADA) 20 years ago.
Last week, the Equal Employment Opportunity Commission (EEOC), which oversees enforcement of the new statute, released an updated version of its poster, "Equal Employment Opportunity is the Law." This notice was revised to inform employees of their rights under the GINA, as well as recent changes resulting from 2008 amendments to the ADA. Workers’ comp insurers are not required to provide this poster to their policyholders, though they may wish to inform them of the change. The EEOC posting requirements are available at http://www.dol.gov/ofccp/regs/compliance/posters/ofccpost.htm. Employers can self-print the revised EEOC notice from http://www.eeoc.gov/employers/upload/eeoc_self_print_poster.pdf , or self-print supplementary information to add to their current EEOC poster by going to http://www.eeoc.gov/employers/upload/eeoc_gina_supplement.pdf
Please note that the revised EEOC notice requirement is a federal requirement and is separate from the California workers’ compensation notice requirements. California Workers’ Compensation posting notice statutes and regulations have not been revised. Proposed Medical Provider Network notice regulations that include posting notice, new hire pamphlet and claim form changes are still in draft stage and are currently being revised by the Division of Workers’ Compensation following an October 8 public hearing, so additional hearings will be required and they are months from being finalized.
To comply with the California workers’ comp notice requirements, employers may continue to use CWCI’s posting notice, "If A Work Injury Occurs…" (rev. 01/09), the Facts About Workers’ Compensation new hire pamphlet [rev. 01/09], and the DWC-1 Claim Form/Notice of Potential Eligibility (Rev. 7/1/04). If additional supplies of the California workers’ compensation materials are needed, the current versions may be ordered from our online store http://www.cwci.org/store.html.
As always, the Institute will advise you when any changes to the California workers’ compensation materials are adopted and will make the updated versions available through our store.