GINA—a newly passed act to protect employees against genetic discrimination

Employers will soon be prohibited from discriminating against individuals on the basis of their genetic information.

On April 24, 2008, the Senate unanimously passed the Genetic Information Nondiscrimination Act (GINA) by a vote of 95 to 0. On May 1, the U.S. House of Representatives passed the same bill by a vote of 414 to 1.

Genetic tests are now regularly used to determine an individual's predisposition for diseases such as cystic fibrosis, breast and prostate cancer, diabetes, etc. As genetic testing has become more prevalent, the U.S. Congress has enacted GINA to address widespread concerns that genetic test results might be misused, especially in the health care and employment arenas.

The Genetic Information Nondiscrimination Act (GINA) will protect individuals against discrimination based on their genetic information when it comes to health insurance and employment. It will make it illegal for employers to use individuals’ genetic information when making hiring, firing, job placement, or promotion decisions. It will also be illegal for insurance companies to deny or limit coverage, or charge a different rate or premium, to an otherwise healthy individual found to have a potential genetic condition or genetic predisposition towards a disease or disorder.

Thus, the bill will give comprehensive protection against all forms of genetic discrimination.

These protections are intended to encourage American individuals to take advantage, as part of their medical care, of genetic screening, counseling, and testing opportunities that will result from scientific advances in the field of genetics.

Legislation on genetic nondiscrimination that specifically addressed discrimination in health insurance was first introduced in the House of Representatives in 1995 but didn’t pass; similar bills failed to pass in the 104th, 105th and 106th congresses.

In 2002 during the 107th Congress, the Genetic Information Nondiscrimination Act was introduced. The bill addressed discrimination in both health insurance and employment decisions but did not pass. In the 108th and 109th congresses, it likewise failed to pass.

But this year Congress passed the Act, and president Bush has stated he will sign the GINA legislation if it comes before him. The employer provisions of the bill would then take effect in November 2009, after the U.S. Department of Labor has had an opportunity to enact implementing regulations.