Effective November 21 2009, the new GINA (The Genetic Information Nondiscrimination Act) regulations will goes into effect, mandated by the Equal Employment Opportunity Commission (EEOC). In order to comply with new requirements, all covered businesses must have a new GINA poster displayed in a workplace common area where all employees can see it.
GINA, signed into law by George W. Bush on May 21st 2008, protects insurance policy holders and employees from discrimination on the basis of genetic information. New GINA requirements apply to private, state, and local government employers with 15 or more employees. Labor unions, employment agencies, joint labor-management training programs, as well as Congress and federal executive branch agencies must also comply with GINA requirements.
The GINA prohibition on gathering genetic information includes taking information on an employee’s family medical history – especially hereditary illnesses like heart disease, breast cancer, diabetes, arthritis, Alzheimer’s, and other inherited conditions. GINA makes it illegal for employers to use an employee's genetic information when making employment decisions such as hiring, firing, promotions, or any other terms of employment. Employers are also forbidden from inquiring whether members of the employee’s family have heritable diseases. Even if the employee volunteers such information in casual conversation, the employer is prohibited from considering it when making employment decisions.
Showing posts with label GINA. Show all posts
Showing posts with label GINA. Show all posts
Monday, November 09, 2009
Wednesday, July 01, 2009
Genetic Information Nondiscrimination Act Goes Into Effect
The Genetic Information Nondiscrimination Act (GINA)of 2008, signed into law by previous President George W. Bush on May 21, 2008，and partly goes into effect on May 21, 2009, is an Act of Congress in the United States designed to prohibit the improper use of genetic information in health insurance and employment.
Under GINA, the EEOC definition of “genetic information” includes information about an individual’s family medical history. The law would prohibit an employer from asking about family medical history during an interview, or at any time after the employee is hired. It also prohibits employers from gathering information about the employee through individual genetic tests, or genetic tests of a family member.
The law has two parts: Title I and Title II. Title I, goes into effect on May 21, 2009, prohibits health insurance providers from discrimination against an individual based on genetic testing. This makes it illegal for health insurance providers to use or require genetic information to make decisions about a person's insurance eligibility or coverage. Title II, goes into effect on November 21, 2009, makes it illegal for employers to use a person's genetic information when making decisions about hiring, promotion, and several other terms of employment.
GINA applies to employers with 15 or more employees, including private employers, employment agencies, labor unions, and joint labor-management training programs. It also applies to government employers with 15 or more workers, including state and local governments, agencies of the federal executive branch and Congress. Each of these employers is referred to as a “covered entity” in the GINA regulations.
Under GINA, the EEOC definition of “genetic information” includes information about an individual’s family medical history. The law would prohibit an employer from asking about family medical history during an interview, or at any time after the employee is hired. It also prohibits employers from gathering information about the employee through individual genetic tests, or genetic tests of a family member.
The law has two parts: Title I and Title II. Title I, goes into effect on May 21, 2009, prohibits health insurance providers from discrimination against an individual based on genetic testing. This makes it illegal for health insurance providers to use or require genetic information to make decisions about a person's insurance eligibility or coverage. Title II, goes into effect on November 21, 2009, makes it illegal for employers to use a person's genetic information when making decisions about hiring, promotion, and several other terms of employment.
GINA applies to employers with 15 or more employees, including private employers, employment agencies, labor unions, and joint labor-management training programs. It also applies to government employers with 15 or more workers, including state and local governments, agencies of the federal executive branch and Congress. Each of these employers is referred to as a “covered entity” in the GINA regulations.
Thursday, March 19, 2009
EEOC Seeks Comments on Proposed GINA Regulations
Nowadays genetic testing becomes more and more prevalent. The number grew from fewer than 100 thirteen years ago to 1200 today. It has long been a concern that employers would use the genetic information to weed out employees with potential health problems.
Signed into law in May 2008, the Genetic Information Nondiscrimination Act (GINA) prohibits discrimination by health insurers and employers based on people's genetic information. Under GINA, it is illegal for employers to make job decisions such as hiring, firing, pay, training, working conditions, status, raises, promotions, etc. based on genetic information. Just like it is illegal to discriminate on the basis of age, sex, religion and other factors, it is illegal to discriminate on the basis of genetic information.
On Feb 25 2009, the U.S. Equal Employment Opportunity Commission (EEOC) presented a Notice of Proposed Rule Making implementing employment provisions of GINA and opened a 60-day public comment period until April 25, 2009 at www.eeoc.gov.
Susannah Baruch, Law and Policy Director of the Pew Genetics and Public Policy Center at Johns Hopkins University, said that "With the passage of GINA and its implementation, we welcome a new era. There are many factors an individual may consider in deciding whether to take a genetic test, but the fear of discrimination must not be one of them."
Francis S. Collins, M.D., PhD, head of the Human Genome Research Institute, said that the law would protect everyone with DNA, and thanks to the new law, no one needs to fear that their DNA “is going to be used against them”.
Signed into law in May 2008, the Genetic Information Nondiscrimination Act (GINA) prohibits discrimination by health insurers and employers based on people's genetic information. Under GINA, it is illegal for employers to make job decisions such as hiring, firing, pay, training, working conditions, status, raises, promotions, etc. based on genetic information. Just like it is illegal to discriminate on the basis of age, sex, religion and other factors, it is illegal to discriminate on the basis of genetic information.
On Feb 25 2009, the U.S. Equal Employment Opportunity Commission (EEOC) presented a Notice of Proposed Rule Making implementing employment provisions of GINA and opened a 60-day public comment period until April 25, 2009 at www.eeoc.gov.
Susannah Baruch, Law and Policy Director of the Pew Genetics and Public Policy Center at Johns Hopkins University, said that "With the passage of GINA and its implementation, we welcome a new era. There are many factors an individual may consider in deciding whether to take a genetic test, but the fear of discrimination must not be one of them."
Francis S. Collins, M.D., PhD, head of the Human Genome Research Institute, said that the law would protect everyone with DNA, and thanks to the new law, no one needs to fear that their DNA “is going to be used against them”.
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