President Bush Signs Genetic Information Nondiscrimination Act
On May 21st President Bush signed The Genetic Information Nondiscrimination Act of 2008 (GINA) into law. According to the National Institute of Health's (NIH) National Human Genome Research Institute, "GINA protects Americans from being treated unfairly because of differences in their DNA that may affect their health." According to the NIH, "the law was needed to help ease concerns about discrimination that might keep some people from getting genetic tests that could benefit their health. The law also enables people to take part in research studies without fear that their DNA information might be used against them in health insurance or the workplace."
GINA prohibits employers from discriminating against employees on the basis of genetic information, which is defined as information about (i) an employee's genetic tests, (ii) the genetic tests of family members of an employee, or (iii) the manifestation of a disease or disorder in family members of an employee.
In addition, employers are prohibited from acquiring genetic information except in certain, enumerated circumstances. The more common exceptions include: (1) where an employer inadvertently requests or requires family medical history of the employee or family member of the employee; (2) indirectly, as part of a wellness program; (3) as part of the medical certification process under the Family and Medical Leave Act; and (4) where the information involved is to be used for genetic monitoring of the biological effects of toxic substances in the workplace. If an employer does acquire genetic information pursuant to one of these exceptions, GINA requires the employer to keep the information strictly confidential and maintained in separate, locked personnel files.
While those sections of the law relating to employers do not take effect until November 2009, Massachusetts employers should note that under state law they already are prohibited from discriminating against employees on the basis of genetic information.
