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Sunday, August 28, 2011

EEOC Discrimination Based Upon Genetics - Illegal!


The Genetic Information Nondiscrimination Act of 2008 (GINA) protects workers from discrimination.  "The final regulations implementing GINA reflect the concerted effort by all Commissioners to ensure that workers, job applicants and employers will have clear guidance concerning the implementation of this new law. These regulations are also a testimony to the tireless work of the late Paul Steven Miller, who was a Commissioner of the EEOC and a leader in the movement to protect individuals against discrimination based on family medical history or genetic information for many years," said EEOC Chair Jacqueline A. Berrien.

Congress enacted GINA with strong bipartisan support in 2008, in response to concerns that patients would decline to take advantage of the increasing availability of genetic testing out of concern that they could lose their jobs or health insurance if such tests revealed adverse information. Title II of GINA prohibits employment discrimination based on genetic information, and restricts the acquisition and disclosure of genetic information. Genetic information includes information about individuals’ genetic tests and the tests of their family members; family medical history; requests for and receipt of genetic services by an individual or a family member; and genetic information about a fetus carried by an individual or family member or of an embryo legally held by the individual or family member using assisted reproductive technology.

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