 |
|
HR Hot Topics |
Genetic Information Non-discrimination 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. State-by-state comparison of 50 employment laws in all 50 states, including genetic discrimination The U.S. Equal Employment Opportunity Commission (EEOC) is in the process of finalizing regulations implementing the employment provisions of the Genetic Information Non-Discrimination Act. The EEOC is to issue regulations by May 21, 2009, implementing Title II of GINA, the part that prohibits the use of genetic information in employment, prohibits the intentional acquisition of genetic information about applicants and employees, and imposes strict confidentiality requirements. Related articles on Genetic Information Nondiscrimination Act The Genetic Information Nondiscrimination Act'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. Audio Conference: Workplace Medical Clinics: The Cure for High Insurance Costs The Genetic Information Nondiscrimination Act 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. GINA 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 Genetic Information Nondiscrimination 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 Genetic Information Nondiscrimination 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. GINA 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. HR Guide to Employment Law: A practical compliance reference manual covering 14 topics, including discrimination and health benefits The other group the Genetic Information Nondiscrimination Act puts significant restrictions on is health insurers. 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. GINA 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 GINA's requirements wasn't discovered after exercising reasonable diligence or was due to reasonable causes.
Related articles on Genetic Information NonDiscrimination Act (GINA) featured in HR Hero Line
HR Tools for Genetic Information Nondiscrimination Act
|
||
 |
|
|
|
|||||||
