Appropriate personnel training is critical for employers to avoid liability in complying with the regulations that were issued last week under the Genetic Information Nondiscrimination Act of 2008, observers say.

“Managers and supervisors will need to be trained on buttoning their lips” when the issue of genetic information “comes up in casual conversations, and formulating some kind of polite response that won't sound socially awkward, but also won't violate GINA,” said Robin E. Shea, an employer attorney with Constangy, Brooks & Smith L.L.P. in Winston-Salem, N.C.

Employers should train supervisors, recruiters and hiring managers “on what questions they should or should not ask,” which is already the case with the Americans with Disabilities Act with respect to disability issues, said Paul E. Starkman, a partner with law firm Arnstein & Lehr L.L.P. in Chicago. That is “now going to have to be expanded to making inquiries about family history and genetic tests” as well as similar issues, he said.

Emily S. Borna, a partner with law firm Jackson Lewis L.L.P. in Atlanta, said employers also should train anyone who makes employment decisions, including management, human resource personnel and recruiters, to “revise and update policies to prevent discrimination based on genetic information.”

Confidentiality is a critical issue, observers say. Employers should be sure that genetic information “is not included in personnel files and, instead, included in separate and confidential medical files, the same way they treat medical information under the ADA,” said Steven J. Pearlman, a partner with law firm Seyfarth Shaw L.L.P. in Chicago.

Employers also should take advantage of safe harbor language suggested in the regulations that stipulates that genetic information is not being solicited, observers say.

“Employers would do well” to copy this language verbatim, and to be sure it is included in all requests for medical information they solicit “for whatever purposes,” said David Gevertz, a shareholder with law firm Baker, Donelson, Bearman, Caldwell & Berkowitz P.C. in Atlanta.

Employers also should tell their medical providers not to ask for family history information, said Dennis Westlind, a partner with law firm Stoel & Rives L.L.P. in Portland, Ore.

The biggest risk is for employers that do not routinely use medical information and “don't realize they need to change their processes,” he said.

In addition, employers with wellness programs should be sure it is easily understood that workers can receive financial incentives for participating even if they choose not to provide genetic information, said Mr. Gevertz.