U.S. Congress Passes Bill Prohibiting Genetic Discrimination
Employers are soon to be prohibited from discriminating against individuals on the basis of their genetic information.
Last week, the U.S. House of Representatives passed a bill on a vote of 414-1, called the Genetic Information Nondiscrimination Act (GINA), which prohibits employers from using genetic data in hiring, firing, and other workplace decisions affecting employment. GINA also requires employers to maintain genetic information strictly confidential in compliance with the ADA and HIPAA. The bill also forbids insurance companies from using an individual's genetic information to deny or limit coverage, or establish different rates. The same bill unanimously passed the Senate on April 24.
Genetic tests are now regularly used to determine an individual's predisposition for diseases such as cystic fibrosis, breast and prostate cancer, diabetes and Lou Gehrig's disease. As genetic testing has become more prevalent in society, the U.S. Congress has enacted GINA to address widespread concern that such information would be misused, especially in the health care and employment arenas.
President George W. Bush is expected to sign the bill. The employer provisions of the bill will take effect in November 2009, after the U.S. Department of Labor has had an opportunity to enact implementing regulations.