Legal Definitions - Genetic Information Nondiscrimination Act (GINA)

The Genetic Information Nondiscrimination Act (GINA) is a federal law in the United States designed to protect individuals from discrimination based on their genetic information in two key areas: employment and health insurance.

Enacted in 2008, GINA addresses concerns that advancements in genetic science could lead to unfair treatment. It ensures that employers and health insurers cannot use an individual's genetic makeup, family medical history, or participation in genetic research to make decisions that negatively impact them.

Specifically, GINA protects various types of genetic information, including:

• An individual's genetic test results.
• Genetic test results of family members.
• Information about the manifestation of a disease or disorder in family members (family medical history).
• Requests for or receipt of genetic services (like genetic counseling or education).
• Participation in genetic research.

Under GINA, employers are prohibited from using genetic information in decisions related to hiring, firing, promotion, job assignments, or compensation. Similarly, health insurance companies cannot use genetic information to determine eligibility for coverage, set premium rates, or make decisions about the scope of benefits.

It's important to note that GINA does not apply to life insurance, disability insurance, or long-term care insurance. Additionally, it generally does not cover employers with fewer than 15 employees, nor does it apply to the U.S. military's employment decisions. However, some states have enacted their own laws that offer broader protections than GINA.

Here are some examples illustrating how GINA protects individuals:

• Example 1: Employment and Hiring Decisions

  Imagine a candidate, Alex, applies for a demanding managerial position. During a routine background check, the hiring company inadvertently discovers that Alex's father and grandfather both developed early-onset Alzheimer's disease, a condition with a known genetic component. Fearing that Alex might also develop the condition and become less productive in the future, the company decides not to hire him, despite his excellent qualifications. GINA would protect Alex in this scenario. The company cannot use his family's genetic health history as a basis for an employment decision, such as refusing to hire him.

• Example 2: Health Insurance Premiums and Coverage

  Sarah decides to undergo genetic testing out of personal curiosity and discovers she carries a genetic marker that indicates an elevated risk for developing a specific type of autoimmune disease later in life. When she applies for a new health insurance policy, the insurer requests her genetic test results. Based solely on this genetic predisposition, the insurer attempts to charge her significantly higher premiums or exclude coverage for treatments related to autoimmune diseases. GINA prohibits the health insurance company from using Sarah's genetic information to determine her premiums, coverage terms, or benefits. They cannot penalize her for a genetic risk that has not yet manifested as a diagnosed condition.

• Example 3: Workplace Treatment and Promotion

  Michael has been a dedicated employee at a software firm for several years and is due for a promotion. He recently participated in a confidential genetic research study to explore his ancestry. Due to an administrative error, a summary of his genetic profile, which includes a marker associated with a slightly increased risk of a certain chronic illness, is mistakenly shared with his employer's HR department. Shortly after, Michael is passed over for the promotion, and his manager begins assigning him less challenging projects, citing vague concerns about his "long-term capacity." GINA protects Michael from discrimination based on his genetic information, including his participation in genetic research and any associated genetic markers. His employer cannot use this information to make decisions about his promotion, job assignments, or overall treatment in the workplace.