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Genetic Information Nondiscrimination Act

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in Discrimination and Harassment,Employee Benefits Program,Firing,FMLA Guidelines,Hiring,Human Resources

Passage of the Genetic Information Nondiscrimination Act (GINA), which took effect in 2009, grew out of concern that employers could use genetic information to discriminate against employees.

For years, business groups argued the ADA’s “regarded as” protections were sufficient to prevent genetic discrimination. But the ADA primarily applied to employers and not insurers. Further, many disability advocates believed the ADA’s provisions did not go far enough. And the medical community weighed in, with doctors claiming people were avoiding genetic tests out of fear the results could be used against them.

The EEOC defines genetic information as “information about an individual’s genetic tests and genetic tests of an individual’s family members, as well as information about any disease, disorder or condition of an individual’s family members.” In effect, genetic information is anything that might indicate a probability that a pe...(register to read more)

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