labor lawAdivision of labor law center

Every employer should be aware of the Genetic Information Nondiscrimination Act or GINA, which was signed into law by President Bush on May 21, 2008. This law makes it illegal to discriminate against employees in hiring, firing, job placement, promotion or other employment decisions based on an individual’s genetic profile.

 

According to Francis S. Collins, M.D., PhD., director of the Human Genome Research Institute,  under GINA “No one will need to fear their DNA is going to be used against them.”  Dr. Collins adds, “This law will protect everyone with DNA—and that is all of us.”

 

GINA also prohibits group health plans and insurers from denying coverage, or charging more for coverage based on an individual’s genetic predisposition to develop a disease – such as heart disease, Alzheimer’s or cancer – in the future. This portion of GINA covers only healthy individuals.

 

Senator Ted Kennedy, a Democrat from Massachusetts, has called GINA the “first major civil rights bill of the 21^st century.”

 

While most scientists agree that mapping the human genome ranks with developing the polio vaccine and inventing electricity as an accomplishment, they also point out that it could be a double-edged sword. Genetic testing could help people identify their risk for certain types of cancer and other diseases, paving the way for improved treatments and preventative care.

 

However, many fear that genetic testing could also open the door for discrimination, in the workplace and in healthcare. GINA addresses those concerns.

 

While the scientific community applauds GINA, many Human Resources groups believe that the law is too broad and will spawn frivolous lawsuits.

 

As previously reported, on April 24 GINA was passed in the US Senate by a vote of 95 to 0. It was then sent to the House of Representatives where it passed by an overwhelming majority on May 1, 2008.

 

President George W. Bush signed GINA into law on May 21, 2008.

 

Under GINA, employers cannot legally ask employees for genetic information. Making employment decisions based on genetic information is illegal. These decisions include hiring, firing, promotions, pay, raises, benefits, training, status and working conditions.

 

The Genetic Information Nondiscrimination Act was first proposed more than 13 yeas ago, when there were fewer than 100 possible genetic tests. Today there are more than 1,200 genetic tests that are widely used for medical conditions including cancer, asthma, Alzheimer’s disease, and heart disease.

 

Critics have long feared that as genetic testing grows, healthcare providers and employers would use it as a way of weeding out employees who are at risk for serious – and expensive – medical conditions. A company that refused to hire workers who are genetically predisposed to cancer or heart disease, would save thousands of dollars – perhaps even millions of dollars – in employee health care benefits. This is especially true if the company is self-insured.

 

Some employees have refused to have genetic testing for breast cancer or other serious conditions, for fear that the information would be used against them in employment or health care opportunities. That fear is now eliminated. Discrimination based on genetic information has joined discrimination based on race, color, religion, sex, age, pregnancy and disability as prohibited behavior.

 

A number of states already have laws that prohibit genetic discrimination in the workplace. 

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