According to the New York Times:
The most important new antidiscrimination law in two decades — the Genetic Information Nondiscrimination Act — will take effect in the nation’s workplaces [on Nov 21, 2009], prohibiting employers from requesting genetic testing or considering someone’s genetic background in hiring, firing or promotions.
Furthermore:
“There’s an absolute ban on the use of genetic information to make any kind of decision about employment,” said Christopher Kuczynski, assistant legal counsel with the commission.
It's easy to see how the new law "prohibits employers and health insurers from asking employees to give their family medical histories", for example by "not promoting a 49-year-old to chief executive because it knew his father and grandfather died of heart attacks at age 50".
But what about more subtle forms of discrimination, where personality traits are used as genetic surrogates? One of the most celebrated CEOs of the last 25 years, Jack Welch, openly sought and hired leaders who "exude energy”, are “able to inspire confidence”, and are “optimistic” and “comfortable in their own skin”. He admitted that IQ, energy level, and charisma are probably innate (i.e. genetic).
Welch's approach is widely copied in corporations today. Indeed, Performance vs Potential assessments make use of genetically-linked proxy traits to differentiate and promote high-potential employees. Doesn't GINA make these tests illegal as well?