genetic information nondiscrimination act
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Fact Sheet; FAQs on the Genetic Information Nondiscrimination Act; Your Genetic Information and Your Health Plan - Know the Protections Against Discrimination; elaws Health Benefits Advisor; For Employers and Advisers. (2) Costs and fees.--The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States (42 U.S.C. (c) Relation to Authorities Under Title I.--With respect to a group health plan, or a health insurance issuer offering group health insurance coverage in connection with a group health plan, this title does not prohibit any activity of such plan or issuer that is authorized for the plan or issuer under any provision of law referred to in clauses (i) through (iv) of subsection (a)(2)(B). 1-800-669-6820 (TTY) (b) Limitation on Disclosure.--An employer, employment agency, labor organization, or joint labor-management committee shall not disclose genetic information concerning an employee or member except--. 1-800-669-6820 (TTY) Find your nearest EEOC office An employer, employment agency, labor organization, or joint labor- management committee shall not be considered to be in violation of this title based on the use, acquisition, or disclosure of medical information that is not genetic information about a manifested disease, disorder, or pathological condition of an employee or member, including a manifested disease, disorder, or pathological condition that has or may have a genetic basis. (iv)(I) subsection (a) of section 9801 of the Internal Revenue Code of 1986 as such section applies with respect to genetic information pursuant to subsection (b)(1)(B) of such section; (II) section 9802(a)(1)(F) of such Act; or. 493 passed the Senate 95-0. This guidance document was issued upon approval of the Chair of the U.S. 204. President George W. Bush signed the bill into law on May 21, 2008. info@eeoc.gov Definitions. The act bars the use of genetic information in health insurance and employment: it prohibits group health plans and health insurers from denying coverage to a healthy individual or charging that person higher premiums based solely on a genetic predisposition to developing a disease in the future, and it bars employers from using individuals' genetic information when making hiring, firing, job placement, or promotion decisions. (2) The early science of genetics became the basis of State laws that provided for the sterilization of persons having presumed genetic "defects" such as mental retardation, mental disease, epilepsy, blindness, and hearing loss, among other conditions. 801 et seq. The Genetic Information Nondiscrimination Act of 2008 (Pub.L. Many of these State laws have since been repealed, and many have been modified to include essential constitutional requirements of due process and equal protection. 2000e-2(k)), on the basis of genetic information does not establish a cause of action under this Act. Equal Employment Opportunity Commission. Title II of the Genetic Information Nondiscrimination Act (GINA) protects individuals against employment discrimination on the basis of genetic information. (1) Commission.--The term "Commission" means the Equal Employment Opportunity Commission as created by section 705 of the Civil Rights Act of 1964 (42 U.S.C. (3) Damages.--The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States (42 U.S.C. (B) Inclusion of genetic services and participation in genetic research.--Such term includes, with respect to any individual, any request for, or receipt of, genetic services, or participation in clinical research which includes genetic services, by such individual or any family member of such individual. In 2017, HR 1313[24] was introduced which would have let employers demand workers' genetic test results. If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of such provisions to any person or circumstance shall not be affected thereby. 12112(d)(3)(B)). GINA also prohibits harassment on the basis of genetic information, such as offensive and derogatory comments about an individual's genetic information that are sufficiently severe or pervasive to create a hostile work environment. Not later than 1 year after the date of enactment of this title, the Commission shall issue final regulations to carry out this title. (3) Family member.--The term "family member" means, with respect to an individual--, (A) a dependent (as such term is used for purposes of section 701(f)(2) of the Employee Retirement Income Security Act of 1974) of such individual, and. Sec. An employer, employment agency, labor organization, or joint labor-management committee shall be considered to be in compliance with the maintenance of information requirements of this subsection with respect to genetic information subject to this subsection that is maintained with and treated as a confidential medical record under section 102(d)(3)(B) of the Americans With Disabilities Act (42 U.S.C. 12112)), or under the Rehabilitation Act of 1973 (29 U.S.C. (a) Discrimination Based on Genetic Information.--It shall be an unlawful employment practice for an employer--, (1) to fail or refuse to hire, or to discharge, any employee, or otherwise to discriminate against any employee with respect to the compensation, terms, conditions, or privileges of employment of the employee, because of genetic information with respect to the employee; or. For example, it would be unlawful for an employer to transfer an employee to a less prestigious position after the employee complains of employer's attempt to acquire genetic information during a fitness for duty exam. GINA prohibits the use of genetic information in making employment decisions, such as hiring, firing, advancement, compensation, and other terms, conditions, and privileges of employment. 1311(a)(1)) shall be the powers, remedies, and procedures this title provides to that Board, or any person, alleging an unlawful employment practice in violation of this title against an employee described in section 201(2)(A)(iii), except as provided in paragraphs (2) and (3). (i) the amendments made by title I of this Act; (ii)(I) subsection (a) of section 701 of the Employee Retirement Income Security Act of 1974 as such section applies with respect to genetic information pursuant to subsection (b)(1)(B) of such section; (II) section 702(a)(1)(F) of such Act; or. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be powers, remedies, and procedures this title provides to the President, the Commission, such Board, or any person, alleging such a practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes of the United States). This document provides basic information about the Genetic Information Nondiscrimination Act, including the definition of genetic information under the law. (1) to discriminate against any individual because of genetic information with respect to the individual in admission to, or employment in, any program established to provide apprenticeship or other training or retraining; (2) to limit, segregate, or classify the applicants for or participants in such apprenticeship or other training or retraining, or fail or refuse to refer for employment any individual, in any way that would deprive or tend to deprive any individual of employment opportunities, or otherwise adversely affect the status of the individual as an employee, because of genetic information with respect to the individual; or. The bill was then sent back to the House of Representatives and passed 414-1 on May 1; the lone dissenter was Congressman Ron Paul.
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