New Law Will Allay Fears of Genetic Discrimination

On May 21st, the Genetic Information Nondiscrimination Act (GINA) became law. The new law was enacted to protect individuals on the basis of their genetic information in both employment and health care.

What is genetic information? GINA explains that genetic information is information about a persons’ genetic composition, or a persons’ family history of inherited traits and disorders.

Perhaps the most relevant to HR professionals, the new law will make it illegal for an employer to discriminate against an employee due to the employee’s genetic information or family member’s genetic information. GINA will further make it illegal for an insured or self-insured health care plan to deny eligibility to enroll for health care coverage or change plan premium or contribution rates because of an individual’s or family member’s genetic information.

The new genetic nondiscrimination law will prohibit an employer form requesting or otherwise acquiring a person’s genetic information, except when such information is needed for FMLA compliance, used for an employer-sponsored genetic service or wellness program, or when such information is commercially available. Some inadvertent acquisitions or genetic information may also be permitted under GINA.

In addition to the new federal statute, most states have their own restrictions on genetic information (only PA, ND, & MS have no genetic information statutes). HR professionals should know that GINA will allow state laws that provide additional protections to individuals, above and beyond the federal statute, to supersede the new federal law.

The employment provisions for GINA do not become effective until November 2009, or 18 months after President Bush signed the bill into law. The provisions pertaining to group health plans become effective May 2009 – one year after the date of enactment.

As legislation develops, keep in mind that you can get involved in the issues that may impact your workplace by expressing your views through SHRMs HRVoice program. SHRM members can plan an instrumental part in influencing HR related-information at the federal and state levels by using HRVoice. Visit www.shrm.org/government/hrvoice .