Do You Have a Problem With GINA at Work?

In November 2009 employers will have to work within the parameters of the Genetic Information Nondiscrimination Act (GINA), more than a decade after first being discussed at the federal level. Some employers will have to make significant changes in their practices as a result of GINA and should begin planning for the changes today.

With technological advances organizations have the ability to use genetic information to make decisions not to employee people who will ultimately cost them more in terms of absenteeism or health care costs. GINA specifically prohibits discrimination against current or potential employees on the basis of their genetic information. Further, employers are prohibited from collecting or purchasing genetic information about a potential or current employee or their family members. Genetic information is defined as information about 1) genetic tests from a potential or current employee, 2) the genetic tests of people related to a potential or current employee, or 3) a disease or disorder in a person related to a potential or current employee. There are, however, some exceptions to the law for highly regulated employers. For example, some employers may use genetic information to track an employee’s exposure to dangerous elements in their work environment.

Provisions of GINA generally follow the requirements and remedies of Title VII. For example, employees who believe they have been discriminated against on the basis of genetic information must first file a complaint with the Equal Employment Opportunity Commission. Further, damages related to violations of GINA will likely be rewarded in the form of back pay or compensatory damages structured according to the number of employees in the organization.

Most employee rights groups applaud the enactment of the new law but some have concerns regarding specific provisions. For example, some believe that GINA may be inconsistent with the Americans with Disabilities Act while others believe GINA will open employers up to frivolous law suits from employees claiming they were discriminated against on the basis of their genetic information. Several attorneys and scholars watching the issue believe there is no risk of a rash of frivolous suits because there has not been a surge in frivolous lawsuits in the 34 states that currently have state laws similar to GINA.

Five Tips for Writing Your Code of Conduct

Every company should have a code of conduct that helps clarify the organization’s mission and values. The code should ultimately be used as a central reference guide to conduct business and help guide decision making throughout the organization.

Writing or even re-writing a code of conduct can be a daunting task, so here are some helpful hints.

1. Look for Help on the Web – There are hundreds of websites that offer advice on writing codes. Non-profit organizations like the Ethics Resource Center (ERC) can be a valuable source of ideas. Also, don’t be afraid to look at other organizations’ codes as a general guideline. Every U.S. publicly traded company should have their code in the Governance section of their website.

2. Involve Others – Something this important should not be left to one or two people to write. Involving multiple departments such as Human Resources, Internal Audit, Finance, General Counsel, and Operations will help bring everyone together toward a clear mission and set of values. Receiving input from both management and non-management employees can also help. The more people involved, the more buy-in employees will demonstrate when it’s time to implement the code.
3. Take a Values-Based Approach versus a Compliance-Based Approach – A compliance style code often fails to connect with employees because it tends to read like a legal document. Taking a values-based approach helps share the overall beliefs and principles of the organization. Connections can then be made between the values the company encourages and the behavior it expects from its employees. Employees are more likely to understand and respect values-oriented “rules.”
4. Don’t Try to Write the Final Draft the First Time – The final version should include elements of the mission statement, ethical scenarios, rules to follow, governing laws, and principles unique to the organization. Trying to capture every element on the first try is nearly impossible. Simply knowing the final version may end up very different from where you start should ease the task of getting started, and getting started is sometimes the hardest part.
5. Don’t Skimp on the Rollout – If you’ve written a first, second, third draft and received buy-in from all department heads, why would you not properly communicate it to every single employee within the organization? The final document should be given to every employee and be placed on the intranet and/or external website for easy accessibility. A formal introduction along with training is imperative. Although this requires additional resources it should help reduce risk to the organization, ultimately saving money. Additionally, employees will be able to provide their feedback during this process, making them feel more valued.

Quote of the Month

It doesn't work to leap a twenty-foot chasm in two ten-foot jumps.
    -American Proverb

How to Safeguard Your Virtual Reputation

Utilizing the Internet in the workplace has become as common as picking up the telephone and chances are, if you are using it, you have a virtual reputation. A virtual reputation can be found when your name, e-mail address, or organization is queried in search engines like Google, Yahoo, and MySpace.com. Fortunately, with a little effort, we can influence what people find when they search for us or the organizations we represent.

According to Search Engine Watch, there are 25 to 50 million proper name searches performed everyday. Those searches are performed by employers, customers and yes, potential clients. Moreover, 83% of executive recruiters revealed they use search engines when making hiring decisions. Additionally, according to a 2007 survey conducted by ExecuNet, 43% of hiring executives reported eliminating a candidate based on what they found from an internet search.

It is absolutely essential that information about yourself or your organization reflects positively on your name, work, and character. Here are some key steps you can take to establish, protect, and enhance your virtual reputation:

• Do the Right Thing – Refrain from posting potentially damaging information about yourself or your organization. Be especially careful when posting on social network sites or blogs. If you have an opinion about a controversial subject, it is wise to use a pseudonym or post on a private, password protected forum.
• Create a LinkedIn profile – LinkedIn.com is a free online network service that allows you to post positive professional accomplishments about yourself. It is Google friendly and will pop up in the event of a search to reveal information that you create.
• Purchase your own internet domain name. The cost is very low. The domain can be renewed for up to 5 years at a time and most importantly, you control the information. If you don’t want to purchase a domain, try a free blog or website hosting company such as Blogger.com or Google Pages. You will receive a URL that includes your name.
• Perfect and polish your profile on social networking sites such as Facebook.com or MySpace.com. Keep it simple, use name and profession only. Leave out details such as address, phone number and date of birth.
• Use Google Alerts to notify yourself when your name or organization shows up on a website. This enables you to monitor when information about you is being released into cyberspace and will allow immediate action to be taken, if necessary.
• Consider third party reputation management solutions to positively cultivate your virtual presence and assist with online reputation management strategies.

Maintaining a positive online reputation is fundamental in carving out a successful career path or staying competitive in the marketplace. It is a good idea to perform periodic internet searches to ensure that all information about you or your organization is accurate. Warren Buffet was quoted by Forbes Magazine as saying:

“It takes twenty years to build a good reputation and 5 minutes to ruin it.”

Make sure you are doing everything you can to protect your virtual reputation.

• Volume 8, Issue 7 - Jul
• Volume 8, Issue 6 - Jun
• Volume 8, Issue 5 - May

• Employee Hotlines
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