Understanding the Genetic Information Nondiscrimination Act: What You Need to Know
The Genetic Information Nondiscrimination Act (GINA) is a federal law enacted in 2008 that provides protections against genetic discrimination. As genetic testing becomes more common, it’s important to understand how GINA works and what it covers.
Background
GINA was signed into law by President George W. Bush on May 21, 2008. The law prohibits discrimination on the basis of genetic information in health insurance and employment. This means that employers cannot use genetic information to make decisions about hiring, firing, and promotions, and insurers cannot use genetic information to determine eligibility or premiums. GINA also provides protection for genetic information when it comes to housing, education, and lending.
What is Genetic Information?
Genetic information includes information about an individual’s genetic tests, genetic tests of their family members, and information about an individual’s or their family member’s medical history. Genetic information also includes information about how genes are expressed, such as through certain diseases or conditions.
Protections under GINA
Under GINA, employers cannot discriminate against employees based on their genetic information, nor can they request or require genetic testing from their employees. Employers also cannot retaliate against an employee who complains about genetic discrimination.
Similarly, health insurers cannot use genetic information to make decisions about eligibility, premiums, or coverage. They also cannot request or require genetic testing as a condition of coverage. However, GINA does not provide protection against discrimination for long-term care, disability, or life insurance.
What GINA Does Not Cover
GINA only provides protection against discrimination based on genetic information. It does not cover discrimination based on other medical conditions, nor does it cover discrimination in other areas such as education or lending.
Additionally, GINA only applies to employers with 15 or more employees. Smaller employers are not covered under the law.
Conclusion
Understanding the Genetic Information Nondiscrimination Act is important for anyone who is considering genetic testing or who has a family history of genetic conditions. GINA provides important protections against genetic discrimination in health insurance and employment, but it’s important to note that it doesn’t cover all areas of discrimination. If you believe that you have been a victim of genetic discrimination, you should contact a lawyer who is knowledgeable in employment law or discrimination.
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