Essay on What Is Genetic Information Nondiscrimination Act Of 2008?

Essay on What Is Genetic Information Nondiscrimination Act Of 2008?

Length: 1441 words (4.1 double-spaced pages)

Rating: Better Essays

Open Document

Essay Preview

So what is Genetic Information Nondiscrimination Act of 2008?
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...


... middle of paper ...


...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.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Essay about Genetic Information Nondiscrimination Act

- Imagine being discriminated because of something beyond your control. This type of discrimination is called genetic discrimination which is when one is discriminated and or treated differently by their employment or insurance company because of their genetic makeup (National Institutes of Health). The phobia of genetic discrimination is gripping many people around the world. People find themselves asking, “Could my genetic makeup raise my health bills. Could this cause me to be rejected from a career opportunity?” Because of genetic discrimination, the Genetic Information Nondiscrimination Act was created....   [tags: genetic discrimination prevention]

Better Essays
913 words (2.6 pages)

Genetic Science : The Theory Of Natural Selection Essay

- The study of genetics can be traced back to 1865 when “Gregor Mendel’s experiments on peas demonstrated that heredity is transmitted in discrete units, and that genes remain distinct entities even if the characteristics of parents appear to blend in their children. This revelation explains how natural selection could work and provided support for Darwin’s proposal (Genetic Timeline).” In the middle 1800’s Charles Darwin’s wrote “On the Origin of Species by Means of Natural Selection, or the Preservation of Favored Races in the Struggle for Life.” now referred to as the theory of natural selection (Genetic Timeline).” Impressively, recent research now has the potential to detect, prevents,...   [tags: Genetics, DNA, Charles Darwin, Gene]

Better Essays
1197 words (3.4 pages)

Genetic Testing And The Healthcare Industry Essay example

- The healthcare industry has come a long way in terms of technological advances. These advances have had significant benefits in diagnosis, treatment, and the way medicine is practiced today. Unfortunately, these technological advances also come with ethical issues and dilemmas the healthcare professionals must face. Genetic testing is an area that has had significant advancement over the past few years. Genetic testing can provide important information regarding diagnosis, treatment, and prevention of illness or disease (Mayo Clinic, 2015)....   [tags: Health care, Health care provider, Medicine]

Better Essays
1093 words (3.1 pages)

Genetic Discrimination’s Effect on Society Essay

- Imagine being discriminated because of something beyond your control. This type of discrimination, known as genetic discrimination, occurs when an individual receives judgment and becomes treated differently by his or her employment or insurance company due to one’s genetic makeup (National Institutes of Health). The fear of genetic discrimination grips many people around the world. People start wondering, “Could my genetic makeup raise my health bulls. Could this cause me to be rejected from a career opportunity?” Because of genetic discrimination, the Genetic Discrimination Nondiscrimination Act (GINA) was created....   [tags: discrimination, GINA, DNA, health, employment]

Better Essays
939 words (2.7 pages)

The Civil Rights Act Of 1964 Essay

- The discriminatory practices under these laws also include, harassment based on race, color, religion, sex, national origin, disability, genetic information, or age, retaliation against an individual for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices, employment decisions based on stereotypes. (“Federal Antidiscrimination laws,” 2016) The federal laws on discrimination Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin, Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits employme...   [tags: Employment, Discrimination, Law, Abuse]

Better Essays
2347 words (6.7 pages)

Genetic Technologies Essay

- A little over ten years ago on June 26, 2000 President Bill Clinton and UK Prime Minister Tony Blair announced that the “draft sequence” of the human genome has been completed, it wouldn’t be completely sequenced until 2003 (Billings 2010), and with that the project has been brought back into the public conscious. The Human Genome Project (HGP) was a 13 year long $3 billion dollar venture by the US Department of Energy and the National Institutes of Health to “ferret out the genetic roots of common diseases like cancer and Alzheimer’s and then generate treatments” (Wade 2010)....   [tags: Medical Research]

Better Essays
1056 words (3 pages)

Essay about Employment Laws: Disability Accomodation

- Introduction Employment laws are a growing topic, within company offices in almost every business entity. Employment laws extend back for decades; however, changes to newly mandated government initiatives have raised new sets of questions for compliance officers. The Genetic Information Nondiscrimination Act 2008 The federally mandated Genetic Information Nondiscrimination Act of 2008 (GINA) is one in particular that has pushed the compliance officer to consider its actions when developing health care plans for its employees....   [tags: employee endorsements, GINA act]

Better Essays
937 words (2.7 pages)

Title Vii Of The Civil Rights Act Of 1964 Essay

- Title VII of the Civil Rights Act of 1964 protects against employment discrimination based on “race, color, religion, sex, or national origin” (Moran, 2014, p. 164). This helps ensure fair treatment to all workers. To ensure the safety of all workers, Title VII also protects against harassment, which includes quid pro quo harassment, hostile environment harassment, religious harassment, and racial harassment. Quid Pro Quo Harassment Quid pro quo sexual harassment, also known as vicarious liability, is employment or employment benefits are given by a supervisor in exchange for unwanted sexual favors....   [tags: Equal Employment Opportunity Commission]

Better Essays
1206 words (3.4 pages)

The Children and Young Persons Act 2008 Essay

- ... In regards to education children in care often feel they are somewhat limited. Cunningham and Cunningham (2012) research and discovered that young people in care experience social exclusion, bullying and not fitting in at school or college. This attitude however due to this act has changed as the Government wanted all young people to have equal opportunities. Making the role of the designed teacher statutory for more support for care leavers by offering an incentive, they are entitled to a £2,000 bursary if they go into higher education or training....   [tags: legislation, care standards]

Better Essays
869 words (2.5 pages)

Essay on The Benefits of Genetic Research

- For as long as mankind has walked the Earth, there have always been things standing in its way; things scientists have taken centuries to try and understand. Finding the key to why someone has a pre-disposition to cancer, Alzheimer’s, heart problems, or even skin conditions like psoriasis, lays within their genetic make-up. Many remain reserved on the subject and insist that the risk of genetic testing isn’t worth the reward, though there is much evidence to the contrary. The debate on the benefits of genetic research and what they can do to help mankind has been argued with the help of extensive scientific testing, anonymous surveys, and rulings from our own Federal Government....   [tags: genetic engineering debate]

Better Essays
907 words (2.6 pages)