What is genetic discrimination?
Genetic discrimination occurs when individuals are treated unfairly by employers or insurance companies based on their genetic information, though federal laws provide specific protections.
Understanding Genetic Discrimination
Genetic discrimination happens when an employer or insurance company treats a person differently because they have a gene mutation that causes or increases the risk of an inherited disorder. Fear of this discrimination is a common concern for those considering genetic testing.
Legal Protections: The GINA Act
In the United States, the Genetic Information Nondiscrimination Act (GINA) is a federal law designed to protect individuals from this form of discrimination. It is divided into two primary sections:
- Title I (Health Insurance): Prohibits health insurance providers from using or requiring genetic information to make decisions regarding a person’s insurance eligibility or coverage. This became effective on May 21, 2009.
- Title II (Employment): Prohibits employers from using a person's genetic information when making decisions about hiring, promotion, and other terms of employment. This became effective on November 21, 2009.
Limitations of GINA
It is important to note that GINA and other existing laws do not provide protection in every circumstance. For example:
- GINA does not apply to employers with fewer than 15 employees.
- GINA does not protect against genetic discrimination in forms of insurance other than health insurance, such as disability, life, or long-term care insurance.