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Genetic Information Nondiscrimination Act of 2008 (GINA)
The federal Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers, employment agencies, and labor unions from discriminating against employees based on genetic information. It also prohibits insurers from charging higher premiums based on genetic information or from using genetic information in underwriting decisions. A number of states also have laws prohibiting genetic discrimination in the workplace. Related articles on Genetic Information Nondiscrimination Act GINA’s prohibitions on employment discrimination take effect 18 months after the date of its enactment. The provisions barring genetic discrimination in health insurance apply to health coverage for plan years beginning after the one-year anniversary of enactment of GINA. President Bush signed GINA on May 21, 2008. The GINA forbids employers from discriminating against workers based on genetic information when hiring and firing and also with respect to compensation and terms, conditions, or privileges of employment. The Act also prohibits employment agencies from failing to or refusing to refer a worker for employment and labor unions from excluding or expelling a member based on genetic information. The Act also forbids employment agencies, labor organizations, or joint labor-management committees from making or trying to make an employer discriminate against an employee because of genetic information. Under the Act, employers, employment agencies, and labor unions can't limit, segregate, or classify workers because of genetic information in any way that would deprive them of employment opportunities. The Act also requires employers, employment agencies, and labor unions that have any genetic information about workers to keep that information in separate files and to treat it as a confidential medical record. They are also prohibited from disclosing a worker's genetic information except in very limited circumstances. The other group the Act puts significant restrictions on is health insurers. The GINA amends the Employee Retirement Income Security Act (ERISA), the Public Health Service Act, and the Internal Revenue Code to prohibit group health plans from changing premiums or contribution amounts for a group based on genetic information. The Act limits the ability of insurers to request or require genetic testing of those receiving coverage. It also provides a penalty against sponsors of group health plans for failures to meet the law's requirements, but the penalty against the plan sponsor may be waived or limited if the failure to meet the Act's requirements wasn't discovered after exercising reasonable diligence or was due to reasonable causes.
Related articles on Genetic Information Nondiscrimination Act from the State Employment Law Letters
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