Showing posts with label genetic discrimination. Show all posts
Showing posts with label genetic discrimination. Show all posts

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”.

Friday, May 16, 2008

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.