Genetic Information Nondiscrimination Act Takes Effect November 21, 2009
On November 21, 2009, the Genetic Information Nondiscrimination Act (“GINA”) will take effect. GINA prohibits employers and insurance companies from employment and health coverage discrimination based on genetic information.
The statute protects genetic information of individuals and their family members, as well as fetuses and legally held embryos by the individual or family member.
The statute defines a genetic test as an “analysis of human DNA, RNA, chromosomes, proteins, or metabolites that detects genotypes, mutations, or chromosomal changes.”* Routine tests, such as blood or cholesterol tests, are not protected under GINA.
Employers should review their harassment policies to ensure genetic information is addressed.
*See http://www.genome.gov/Pages/PolicyEthics/GeneticDiscrimination/GINAInfoDoc.pdf
The statute can be found at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_public_laws&docid=f:publ233.110.pdf