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The Genetic Information Nondiscrimination Act (GINA) is a law that protects people from being discriminated against based on their genetic information. This includes information about their family's health history, genetic test results, and participation in genetic research. Employers and health insurers cannot ask for genetic testing or access someone's genetic information without their permission. They also cannot use this information to make decisions about hiring, firing, promotions, pay, or health insurance coverage. However, GINA does not apply to life insurance or long-term care insurance, and it does not cover employers with less than 15 employees. The law was created to address concerns that genetic testing and research could affect people's employment and health insurance.
The Genetic Information Nondiscrimination Act of 2008 (GINA) is a law that protects individuals from being discriminated against based on their genetic information in matters of employment and health insurance. This law was created because people were worried that participating in genetic research or undergoing genetic testing would affect their job and health insurance coverage.
GINA protects genetic information, including an individual's and their family's genetic health history, genetic test results, genetic counseling and other genetic services, and participation in genetic research. Employers and health insurers cannot request genetic testing or access an individual's genetic information without their consent. Only the individual can decide how and how much of their genetic information is shared with third parties.
Employers or health insurers with access to an individual's genetic information cannot discriminate against them based on that information. GINA prevents employers from making job-related decisions, such as hiring, firing, promotion, and pay, based on an individual's genetic information. GINA also prevents health insurance companies from using an individual's genetic information to decide health insurance coverage, cost, or benefits for that individual.
For example, if an individual has a genetic predisposition to a certain disease, their employer cannot use that information to deny them a job or promotion. Similarly, health insurance companies cannot deny coverage or charge higher premiums based on an individual's genetic information.
However, GINA does not apply to life insurance coverage or long-term care insurance. Some states have enacted more stringent legislation protecting genetic information to fill these gaps. GINA does not override these laws; it merely lays down the minimum floor for such protection.
The U.S. military is an important exception to GINA. The military can use genetic information to make employment decisions. Additionally, GINA does not apply to employers with less than 15 employees.
GINA had important implications for individuals taking part in genetic studies. GINA required genetic researchers to use consent forms and explain confidentiality of genetic information to participants in their studies.
Since GINA was enacted, courts have wrestled with the scope of "genetic information," as to what information GINA covers and does not cover. In Lowe v. Atlas Logistics Grp. Retail Servs. (Atlanta), LLC, the United States District Court for the Northern District of Georgia rejected the defendant's claim that GINA only protected medical genetic testing and not forensic genetic testing. The jury verdict awarded the plaintiff employee $2.2 million in damages.
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