GINA is a federal law designed to protect people in the United States from this form of discrimination. The law has two parts: Title I, which prohibits genetic discrimination in health insurance, and Title II, which prohibits genetic discrimination in employment. 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, (“What is genetic discrimination?” n.d., p. 1).
The purpose of the act was to prevent employers from using genetic information in employment decisions. The act made illegal for Burlington Northern Santa Fe Railway and other employers to ask employees to submit to genetic testing and family medical history.
Equal Employment Opportunity Commission v. Fabricut Inc.
Tulsa based Fabricut, Inc is one of the premier distributors of fabrics in the world. Interim employee Rhonda Jones was hired as a memo clerk for three month trial. After her trial employment, Ms. Jones applied for full time employment and was offered full time position with Fabricut in August 2011. Fabricut requires new employees to submit to drug and physical evaluation. The physical evaluation included Ms. Jones providing the medical provider her family’s medical history. The medical provider was inconclusive if Ms. Jones had carpal tunnel syndrome and requested further evaluation by her own provider. Her own p...
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...family medical history. The courts have found that organization need to direct medical personal not to ask for family medical history the laws prohibit employers from acquiring this information. Overall, the courts have found the employers should not ask employees to participate in genetic testing, collect genetic information by any other means and use genetic information in any employment decisions. The courts have found that even if the employer may have valid reason to request a genetic test for reason unrelated to employment the employer is not able to be in possession of the employee’s genetic information. The current legislation has reduced loopholes for employers, but state based legislation is needed. The best defense against genetic discrimination would be making employees and employers aware the laws and regulations that applies to genetic discrimination.
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