President Bush recently signed into law H.R. 493, also known as the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits employers from using genetic tests or information to discriminate against applicants and employees.
The new law also prohibits health insurers from restricting enrollment and adjusting premiums for health insurance due to genetic information or genetic services. Genetic tests can determine an individual’s propensity—his or her “genetic markers”—to experience a congenital disease or condition in the future.
GINA’s Title II (dealing with employment discrimination) requires the EEOC to issue final regulations within one year of enactment, and becomes effective 18 months after enactment. The U.S. Department of Health and Human Services has nine months to issue final regulations for Title I (which covers health insurance); those provisions will take effect one year...(register to read more)
- Hiring? The legal risk of falling for great interview skills
- Employees can't hide behind FMLA to dodge legitimate discipline
- HR's uneven response to graffiti and swastikas: 'Close' counts in horseshoes ... not harassment
- Age-related laws: Liability lurks at both ends of spectrum
- Supreme Court expands retaliation prohibitions