Congress enacted title ii of the genetic information nondiscrimination act of 2008 gina, codified at 42 u. A proposed rule by the equal employment opportunity commission on 10302015. Under the genetic information nondiscrimination act part i. When the genetic information nondiscrimination act passed in 2008, supporters hailed it as the first major civilrights bill of the century. Genetic information, nondiscrimination, and privacy. A pair of employees who were swabbed but were not a match filed a complaint under the genetic information nondiscrimination act gina to the equal employment opportunity commission. Facts about the genetic information nondiscrimination act. The genetic information nondiscrimination act of 2008 gina is a federal law that protects people from genetic discrimination in health insurance and employment. Title i of gina prohibits discrimination based on genetic information in health.
An overview of the genetic information nondiscrimination act. The genetic information nondiscrimination act gina pdf was signed into law on may 21, 2008. In 2011, california passed the california genetic information nondiscrimination act calgina, which extended protections even further to prohibit genetic discrimination in emergency medical services, housing, mortgage lending, education, and other statefunded programs. The genetic information nondiscrimination act of 2008 gina. Federal register genetic information nondiscrimination act. Genetic information nondiscrimination act of 2008 federal register. The genetic information protected by the law includes family health history, the. One of the rules specifically applies to title i of the americans with disabilities act ada, while the other applies to title ii of the genetic information nondiscrimination act gina. The previous comment deadline was december 29, 2015. This was the year that also saw the passing of the genetic information nondiscrimination act gina, pronounced geena. Gina, which was passed by congress in 2008, makes it illegal for employers with 15 or more employees to discriminate against employees or applicants on the basis of genetic information. Genetic information nondiscrimination act gina ken lefebvre spring 2015 this report is intended to ful. Keeping pace with the times the genetic information.
Genetic information nondiscrimination act and connecticut protections the genetic information nondiscrimination act of 2008, also referred to as gina, is a new federal law that prohibits discrimination in health insurance coverage and employment based on genetic information. As genetic technologies have become integrated into clinical care, patients and health care providers have consistently raised alarms about how certain actors most notably insurers and employers could potentially use genetic information pollitz 2007, bombard 2012. On may 21, 2008, the genetic information nondiscrimination act of 2008. The genetic information nondiscrimination act of 2008 is a federal law that prohibits discrimination in health coverage and employment based on genetic information. In 2000, reasoning that health care professionals could be expected to be. After years of advocacy, the genetic information nondiscrimination act hr 493, or gina, finally passed both houses of congress with strong bipartisan effort.
What is genetic discrimination, and how can it affect us. The first genetic information nondiscrimination act case to. Test for devious defecator was unlawful, judge rules. Genetic information nondiscrimination act of 2008 2008 was a big year for those fighting for disability rights, and not just because of the adaaa. Genetic information nondiscrimination act federal register. To prohibit discrimination on the basis of genetic information with respect to health insurance and employment. The commission issued a proposed rule in the federal register on october 30, 2015. In may 2008, the genetic information nondiscrimination act, known as gina, was signed into law. Under gina, group health plans cannot base premiums for a plan or a group of similarly situated individuals on genetic information. Yet the concerns were in place even before the first genetic tests were formulated, and. Genetic information includes not only information about an individuals genetic test. Genetic information nondiscrimination act wikipedia. The genetic information nondiscrimination ac t of 2008 gina prohibits employers and other entities covered by gina title ii from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by this law.
A new federal law, called the genetic information nondiscrimination act gina, generally makes it illegal for health insurance companies, group health plans, and most employers to discriminate against you based on your genetic information. Understanding gina and how gina affects nurses kayla l. Ten years ago, the genetic information nondiscrimination act gina came into law. Certification of health care provider for employees serious. Medical information that is not genetic information 2000ff10. For example, according to 2015 shrm survey, more than threefifths 61% of. Genetic information helps you know and understand health conditions that run in. The proposed bill exempts workplace wellness programs from 1 limitations under the americans with disabilities act of 1990 on medical examinations and inquiries of employees, 2 the prohibition of collecting genetic information in connection with issuing health insurance, and 3 limitations under the genetic information nondiscrimination. Notice of research exception under the genetic information. The genetic information nondiscrimination act of 2008 gina is a federal law that protects individuals from genetic discrimination in health insurance and employment. Rehabilitation act of 1973, as amended vietnam era veterans readjustment act of 1974, as amended age discrimination act of 1975 pregnancy discrimination act 1978 americans with disabilities act of 1990, as amended genetic information nondiscrimination act of 2008 regulations promulgated pursuant thereto. It is illegal to discriminate against employees or applicants because of genetic information.
Genetic information discrimination the genetic information nondiscrimination act of 2008, which prohibits genetic discrimination, takes effect on november 21, 2009. End further info end preamble start supplemental information supplementary information. Two of the employees both later exonerated by their dna tests filed suit under the genetic information nondiscrimination act. Settling its first genetic information nondiscrimination. The loopholes in gina, the law prohibiting genetic. On may 21, 2008, the genetic information nondiscrimination act of 2008 gina, referred to by its sponsors as the first civil rights act of the 21st century, was enacted. Jun 28, 2012 the genetic information nondiscrimination act of 2008 is a federal law that prohibits discrimination in health coverage and employment based on genetic information. Aug 03, 2015 a pair of employees who were swabbed but were not a match filed a complaint under the genetic information nondiscrimination act gina to the equal employment opportunity commission. Certification of health care provider for employees. Genetic information nondiscrimination act the employment. Gina expands the genetic information nondiscrimination protections included in title i of the health insurance portability and accountability act of 1996 hipaa.
Genetic information nondiscrimination act a brief history. The genetic information nondiscrimination act of 2008, is an act of congress in the united states designed to prohibit the use of genetic information in. Title ii of the genetic information nondiscrimination act gina protects individuals against employment discrimination on the basis of genetic information. Genetic information nondiscrimination act charges charges filed with eeoc includes concurrent charges with title vii, adea, ada, and epa fy 2010 2019. Genetic information and nondiscrimination act gina guidance. The commission is extending the comment period in response to a stakeholder request. Genetic information does not include information about the sex or age of any individual. President obamas precision medicine initiative, january 30, 2015. Gina, genetic discrimination, and genomic medicine nejm. Genetic information nondiscrimination act gina click here to find out more about the genetic information nondiscrimination act and how it affects those with or atrisk for hd with the help of incredible efforts by hd advocates, hdsa was successful in advancing the passage of the genetic information nondiscrimination act gina of 2008. Gina is a federal law that protects united states citizens from health insurance and employment discrimination based on their genetic information. The section of the law relating to health coverage title i. Apr 01, 2020 genetic information nondiscrimination act of 2008 2008 was a big year for those fighting for disability rights, and not just because of the adaaa.
Genetic discrimination law in the united states scholarworks. Settling its first genetic information nondiscrimination act gina lawsuit, eeoc acts on priority the equal employment opportunity commission eeoc announced last week that it had settled its first lawsuit alleging violations of the genetic information nondiscrimination act gina. Settling its first genetic information nondiscrimination act. Genetic information nondiscrimination act and connecticut. The following chart represents the total number of charges filed and resolved under genetic information non. Gina covers employers with 15 or more employees, including state and local governments. Specify whether the entity claiming the research exception is. Dec 18, 2015 the genetic information nondiscrimination act of 2008, is an act of congress in the united states designed to prohibit the use of genetic information in health insurance and employment. The following chart represents the total number of charges filed and resolved under genetic information nondiscrimination. The genetic information nondiscrimination act gina was signed into law by president g. In 2011, california passed the california genetic information nondiscrimination act calgina, which extended protections even further to prohibit genetic discrimination in emergency medical services, housing, mortgage lending, education, and. On may 21, 2008, the genetic information nondiscrimination act of.
Before sharing sensitive information, make sure youre on a federal government site. Genetic information nondiscrimination act gina in pre. Dec 09, 2015 genetic testing, counseling, or education by an individual or an individuals family members. The president signed the act into law on may 21, 2008. Yet the concerns were in place even before the first genetic tests were formulated, and many forwardthinking individuals.
The eeoc issues proposed rule on gina and wellness programs. Be it enacted by the senate and house of representatives of the united states of america in congress assembled. Genetic information nondiscrimination act gina gina is a federal law that prohibits discrimination in health coverage and employment based on genetic information. In 2008, after years of advocacy by the genetics community and u. Gina protects individuals against discrimination based on their genetic information in health coverage and in employment.
The genetic information nondiscrimination act of 2008. Generally passed in 2008, gina was passed by congress to prohibit the use of genetic. On october 30, 2015, the equal employment opportunity commission eeoc issued a notice of proposed rulemaking nprm to amend the regulations implementing title ii of the genetic information nondiscrimination act gina as they relate to employer wellness programs that are part of group health plans. The genetic information nondiscrimination act of 2008 pub. The genetic information nondiscrimination act of 2008 gina is a federal law.
On october 30, 2015, the eeoc published the proposed rule the genetic information nondiscrimination act of 2008 in the federal register 80 fr 66853. Notwithstanding any other provision of this act, disparate impact, as that term is used in section 703k of the civil rights act of 1964 42 u. The genetic information nondiscrimination act gina. The act bars the use of genetic information in health insurance and employment. The genetic information nondiscrimination act of 2008 p. The first genetic information nondiscrimination act case. The genetic information nondiscrimination act of 2008 u.
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