The Genetic Information Nondiscrimination Act (GINA) is a federal law that aims at protecting individuals from discrimination based on their genetic information. GINA was enacted in 2008 and applies to all U.S. employers with 15 or more employees, employment agencies, labor organizations, and joint labor-management training programs.
Why was GINA enacted?
GINA was enacted to prevent the misuse of individuals’ genetic information by employers and insurers and to ensure equal employment and insurance opportunities for all individuals. The fear of discrimination based on genetic information had significant implications for many people, especially those that were considered high-risk for certain conditions such as Huntington’s disease or breast cancer.
What is covered under GINA?
GINA provides legal protection against discrimination in employment and health insurance coverage. It prohibits employers from requesting, requiring, or purchasing genetic information about an individual, and also restricts the release of any such information.
GINA also prohibits health insurers from using genetic information to set premiums or eligibility for coverage. This includes the use of family medical history or genetic tests conducted on the individual or their family members.
What are the penalties and consequences of violating GINA?
Employers who violate GINA can face penalties of up to $50,000 for each violation. Additionally, employees can pursue legal action against employers for violation of their rights under GINA.
What are some examples of GINA violations?
In one case, a company required job applicants to submit a family medical history form before their job offer was confirmed. This violated the GINA prohibition on requiring genetic information. The company settled with the Equal Employment Opportunity Commission (EEOC) and agreed to pay $50,000 as restitution to the applicants.
In another case, a woman was denied health insurance coverage because of her family’s medical history of breast cancer. The insurance company used this as a basis to deny her coverage even though she had tested negative for any genetic markers for breast cancer. The woman filed a complaint with the EEOC, and the insurance company settled for $375,000.
Conclusion
GINA is a vital federal law that helps protect individuals from discrimination based on their genetic information. The law provides legal protection against genetic discrimination in employment and health insurance coverage and has significant implications for many people who fear they may be discriminated against. As an individual, you have the right to a discrimination-free workplace and equitable health insurance coverage, and you should be aware of your rights under GINA. It is essential to seek assistance from relevant agencies such as the EEOC if you feel your rights have been violated.
