Understanding the Genetic Information Discrimination Act: How it Protects You
Genetic discrimination is an unfortunate reality that many people face in today’s world. This form of discrimination occurs when individuals are treated differently based on their genetic information. It can be challenging to fight against genetic discrimination, but fortunately, there are laws in place to help individuals fight against such discriminatory practices. One such law is the Genetic Information Discrimination Act (GINA).
What is GINA?
GINA is a federal law that protects individuals from genetic discrimination in certain situations. It was signed into law in 2008, and its primary purpose is to ensure that individuals are not discriminated against based on their genetic information when it comes to health insurance and employment.
How Does GINA Protect You?
Under GINA, employers cannot discriminate against individuals based on their genetic information when it comes to hiring, firing, job placement, or any other aspect of employment. It also protects employees from harassment and retaliation.
In terms of health insurance, GINA prohibits health insurance companies from using an individual’s genetic information to deny coverage or charge higher premiums. It also prohibits insurance companies from requiring genetic testing or counseling before providing coverage.
Another way that GINA protects individuals is by requiring that genetic information be kept confidential. This means that health care providers, employers, and insurers cannot disclose an individual’s genetic information without their express written consent.
Who is Protected by GINA?
GINA protects individuals from genetic discrimination in employment and health insurance. Specifically, it covers individuals who are:
– Applicants for Employment
– Employees
– Former Employees
– Members and Dependents of Health Plans
– Applicants for Health Coverage
Examples of GINA In Action
In 2016, a woman discovered that her employer pressured her into undergoing genetic testing and then fired her based on the results. She filed a lawsuit and won $2.2 million in damages under GINA.
Another example is when a man was offered a job on the condition that he undergo genetic testing. When he refused, the job offer was rescinded. He filed a complaint with the EEOC, and the employer was forced to pay $50,000 in damages and change their policy.
Conclusion
GINA is an essential law that helps to protect individuals from genetic discrimination in the workplace and health insurance. It allows individuals to control their genetic information and ensure that it is not used against them in any way. Understanding GINA and its protections can help individuals safeguard their genetic information and fight against any discriminatory practices they may face.
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