No, Gina is not my new neighbor, but a bill signed into federal law in May, 2008: the Genetic Information Nondiscrimination Act of 2008.
The new law prohibits employers of 15 or more employees from:
- discriminating against employees and applicants on the basis of genetic information, which is defined as
“information about (i) such individual’s genetic tests, (ii) the genetic tests of family members of such individual, and (iii) the manifestation of a disease or disorder in family members of such individual.” - requesting, requiring, or purchasing genetic information (limited exceptions apply, such as for FMLA certifications)
- retaliating against individuals who exercise their rights under the law; and
- disclosing an individual’s genetic information, which is considered confidential medical information under ADA and HIPAA (limited exceptions apply).
There are also sections that amend ERISA and HIPAA , and which prohibit group health plans from discriminating against individuals in terms of enrollment eligibility and premiums based on genetic information; and requesting or requiring that employees or their family members undergo genetic tests.
The employment provisions of GINA are effective November 21, 2009. Interestingly, all Title VII remedies are available, but disparate impact claims are expressly barred. The EEOC will be enforcing GINA, and should issue final regulations by 5/21/09.
The text of the bill is at: http://thomas.loc.gov/cgi-bin/query/D?c110:6:./temp/~c1102mNaun
