Breaking Down the Genetic Information Nondiscrimination Act: What Is Covered?
Genetic Information Nondiscrimination Act (GINA), prohibits discrimination in employment and health insurance based on an individual’s genetic information. Every American is unique, so is their genetic makeup. GINA is a federal law that protects individuals from discrimination based on their genetic information. This article will break down the Genetic Information Nondiscrimination Act and help you understand its coverage and protection.
Introduction
GINA came into effect on May 21, 2008. It is a relatively new law, and there is a lot of confusion around it. According to the National Human Genome Research Institute, GINA provides protection to all individuals from discrimination based on their genetic information. The goal of this article is to give you a comprehensive understanding of the Genetic Information Nondiscrimination Act, and what it covers.
What is Genetic Information?
Simply put, genetic information refers to any information about an individual’s genetic makeup. This can include data about a person’s DNA, RNA, proteins, and how they express themselves, as well as family medical history.
Examples of genetic information are a person’s genetic test results, information about genetic disorders, family medical history, and information about an individual’s genetic makeup that is obtained through research.
What employers are covered under GINA?
GINA covers employers with 15 or more employees, employment agencies, labor unions, and apprenticeship programs. Additionally, GINA includes the federal government, state and local governments, and congressional offices.
What does GINA prohibit?
GINA prohibits genetic discrimination in two specific areas: employment and health insurance. GINA prohibits discrimination in hiring, firing, layoffs, layoffs, promotions, pay, job assignments, and other employment-related issues based on genetic information. Employers cannot request, require, or purchase genetic information about their employees.
Similarly, GINA prohibits health insurance providers from using genetic information to make coverage determinations or decisions affecting premiums. Health insurance providers cannot request, require, or purchase genetic information from individuals or their family members.
Exceptions to GINA
This law is not absolute and contains some exceptions. For instance, Health insurers may request genetic information after an individual has already subscribed to a particular policy. Employers are permitted to collect medical information about their employees but not genetic information.
Moreover, GINA doesn’t apply to the military or intelligence agencies. Additionally, employers can conduct genetic testing for research purposes but cannot use it for employment-related decisions.
How to Report Discrimination?
If you believe you have faced genetic discrimination, you may file a complaint with the federal Equal Employment Opportunity Commission (EEOC) or the US Department of Health and Human Services (HHS) Office for Civil Rights.
Conclusion
To sum up, Genetic Information Nondiscrimination Act (GINA) is a new law that protects individuals from discrimination based on their genetic information. GINA covers employers with 15 or more employees, employment agencies, labor unions, and apprenticeship programs. This law prohibits genetic discrimination in employment and health insurance. Genetic testing, research, and military entities are exceptions to GINA. If you believe you have faced genetic discrimination, you may file a complaint with the federal Equal Employment Opportunity Commission (EEOC) or the US Department of Health and Human Services (HHS) Office for Civil Rights.
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