labor lawAdivision of labor law center

As genetic testing becomes more prevelant, employers need to be aware of the Genetic Information Non-discrimination Act, or GINA. That is why the EEOC is inviting employers and the public to comment on proposed GINA regulations until April 25, 2009 at www.eeoc.gov.

 

When the Human Genome Project began the cataloguing of human DNA back in April of 2003, it was hailed as a scientific milestone. It also raised fears of an Orwellian future in which “Big Brother” would sort people by their genetic tendencies. There was concern that a worker’s future would be determined by the results of his or her genetic tests.

 

Now there is a law that addresses such concerns. It is the Genetic Information Nondiscrimination Act or GINA. Under GINA it is illegal for employers to make job decisions based on genetic information. Such decisions would include, hiring, firing, pay, training, working conditions, status, raises, and promotions. The law means it is illegal to use this information just as it is illegal to discriminate on the basis of age, disability, race, color, sex, religion, or pregnancy.

 

Francis S. Collins, M.D., PhD, head of the Human Genome Research Institute, said the law would “protect everyone with DNA – and that would be all of us.” According to Dr. Collins, thanks to the new law no one needs to fear that their DNA “is going to be used against them.”  Kathy Hudson of the Genetics and Public Policy Center echoed those assurances when she said that 93% of U.S. voters supports legislation discrimination based on genetic information. GINA, she said, will end people’s reluctance to be tested because of concerns about discrimination.

 

Senator Edward “Ted” Kennedy of Massachusetts described GINA as the first civil rights act of the 21^st century. The Senate approved the legislation with an overwhelming vote of 95-0 in favor.

 

This is the first federal regulation outlawing discrimination based on genetic information. Some states, however, have such laws on the books already. New Jersey’s was passed more than 10 years ago. Among the states with legislation, some have limited it to certain health conditions, such as sickle cell anemia.

 

There has long been a concern that with the growth of genetic testing (fewer than 100 13 years ago to 1,200 today), employers would use the information to weed out employees with potential health problems. The temptation is great, because employers could save thousands or even millions of dollars by doing so.

 

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