On May 21, 2008, former President George W. Bush signed the Genetic Information Nondiscrimination Act of 2008, or GINA, into law. The act, which consists of two major titles, prohibits the improper use of genetic information and family medical history in health insurance coverage and employment decisions. Title I prohibits group health plans and health insurers from denying coverage to individuals or charging higher premiums based solely on genetic predispositions to developing diseases or disorders. Title II prohibits employers from collecting or using an individual’s genetic information or family medical history when making hiring, firing, placement or promotion decisions. Title I, which is not discussed in this article, takes effect between May 22, 2009, and May 21, 2010. The effective date depends on the nature of the group health plan at issue. Title II goes into effect Nov. 21, 2009.
Title II of the act, which contains three main provisions, applies to all private and state and local government employers with 15 or more employees, as well as employment agencies and labor organizations. GINA prohibits employers from discriminating against applicants, employees and former employees based on genetic information or family medical history. There is, however, no cause of action under GINA for disparate impact discrimination. GINA also prohibits employers from limiting, classifying or segregating employees based on genetic information. Finally, GINA prohibits employers from retaliating against individuals who oppose discrimination.
