Triumph Industries Inc. should be aware that according to Genetic Information Nondiscrimination Act (GINA) signed in 2008, generic screening is not allowable. This act protects Americans against discrimination based on their genetic information when it comes to health insurance and employment .
The law has two parts: Title I makes it illegal for health insurance providers to use or require genetic information to make decisions about a person's insurance eligibility or coverage. This part of the law went into effect on May 21, 2009. Title II makes it illegal for employers to use a person's genetic information when making decisions about hiring, promotion, and several other terms of employment. This part of the law went into effect on November 21, 2009 .
As part of the Genetic Information Nondiscrimination Act of 2008, employers also cannot request, require or purchase genetic information, and the law strictly limits its disclosure.
Genetic information includes the employee’s own genetic information as well as that of his/her family. Employers can still test workers to determine if they have alcohol or illegal drugs in their systems. But they cannot test for employees' genetic predisposition to alcoholism or drug abuse .
There are a few exceptions to the prohibitions in GINA. If a company offers incentives to those who provide their genetic information, such information can be obtained by covered entities that sponsor wellness programs, but only if an individual voluntary decides to do that. Otherwise, the employee cannot be penalized in any way if s/he decides not to voluntarily provide such information.
According to Health Insurance Portability and Accountability Act (HIPPA) Triumph Industries In...
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12. Unlawful discrimination by employers. § 344.040. (2010). Retrieved April 9, 2014 from http://www.lrc.ky.gov/statutes/statute.aspx?id=32605
13. Exercising Wellness Programs in the Workplace. (2011). Retrieved April 4, 2014 from http://www.ccvancouver.ca/yesterday.html
14. Breene, S. and Lebowitz, S. (2013). Why Are Google Employees So Damn Happy? Retrieved April 10, 2014 from http://greatist.com/happiness/healthy-companies-google#footnote-node-3544-2
15. Center for Disease Control and Prevention. (2010). Healthier worksite initiative. Program Design. Retrieved April 10, 2014 from http://www.cdc.gov/nccdphp/dnpao/hwi/programdesign//index.htm#Planning
16. Klein, J. and Pappas, N. (2009). Employment Law. Legal Implications of Employee Wellness Programs. New York Law Journal. Retrieved April 15, 2014 from http://www.newyorklawjournal.com/id=1202436070427
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