Genetic Discrimination
Scientists are finding amazing ways to determine and use genetic information to make improvements in health. However, some are concerned that with this increased knowledge comes a backlash. If the process of determining genetic conditions is made widely available, it could lead to discrimination on the part of insurance companies or employers.
The Genetic Information Nondiscrimination Act (GINA) was passed in 2008 to protect citizens from being discriminated against in employment and health insurance because of their hereditary traits. This act is very recent and takes affect on November 21, 2009. Although it is a newer piece of legislation, it is still law and meant to protect your rights. The discrimination attorneys of the Coye Law Firm stand up for individuals who have been discriminated against and vigorously pursue justice. Contact us today if you have been a victim of this form of discrimination.
Under this law, it is illegal for insurance companies or employers to:
- request genetic testing from the individual or family members
- request information about diseases, disorders, or conditions
- retaliate against an individual who filed a complaint of discrimination
Florida has a statute for insurance carriers regarding this law, available here. Genetic testing does not include routine testing, such as physical examinations, urine, chemical, or blood tests. If these tests are used specifically to obtain information about a disease, condition, or disorder that an individual may have, then they fall under "genetic testing" and are unlawful.
Employers cannot make decisions about hiring, firing, or adjusting a person's employment based on genetic information. Similarly, health insurance companies cannot require genetic information from an individual or their family members before covering them or determining rates. More information on the law, including frequently asked questions, is provided here by the National Human Genome Research Institute.
Enforcement
This law is enforced by many agencies. The Equal Employment Opportunity Commission, which is in charge of other claims of discrimination, is responsible for part of GINA, along with the Departments of Labor, Treasury, and Health and Human Services. Any employer or company found in violation of the act can be fined or subject to corrective action. To read more about the act and what rights it protects, visit the EEOC's website.
With expanding technology comes a possibility for misuse. If you or a family member have had your privacy violated or been discriminated against in regards to genetic information, you need legal advice from a genetic discrimination law firm and a genetic discrimination lawyer. The Coye Law Firm will pursue this new legislation and protect your rights. Call today.
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