What is Genetic Discrimination? An Overview from Louisville Discrimination Attorneys
Written by Cooper & Friedman PLLC on December 14, 2016
Biomedical, clinical, and social-behavioral research is dependent on volunteers. These volunteers a.k.a. “human subjects” authorize their bodies to be used in order to discover new treatments, find cures to diseases, and develop a stronger understanding of the genetic make-up of human beings. These volunteers are beneficial to the scientific community as they help scientists and physicians develop better knowledge of the genetic causes of diseases such as Down syndrome, cystic fibrosis, hemophilia, cancer, Alzheimer’s disease and many more.
Many individuals opting to become a “human subject” are concerned about genetic discrimination after participating in human research. Understandably, this concern could potentially cause a shortage in volunteers which could negatively impact our ability to test and develop new therapies that may treat and even cure certain genetic disorders.
Because of the importance of genetic testing, it’s essential that we protect these volunteers from issues associated with genetic discrimination. In 2008, the Genetic Information Nondiscrimination Act (GINA) became law in order to protect Americans from discrimination in the workplace.
Understanding the Genetic Information Nondiscrimination Act (GINA)
For better understanding of this law, it is helpful to break GINA down by insurers and employers. Beginning with health insurance, Title I prohibits issuers of health insurance to discriminate against individuals because of genetic information. Health insurers cannot use genetic information when determining insurance eligibility, coverage plans, and benefits. Health insurers also cannot ask individuals, or their family members, about their genetic makeup. They also cannot force individuals to undergo any genetic testing. By law, genetic information includes family medical history and information about genetic testing for the individual and their family members.
Title II of GINA
Title II of the employment section of GINA prohibits employers from using genetic information to hire or fire employees. It also prevents them from determining pay, promotions, or specific job assignments based on genetic information. Employers are not allowed to require or request any genetic information or test results for employment purposes. On January 10, 2011, the Equal Employment Opportunity Commission added Title II to GINA. They regulate it to this day.
While the government has done what it can to protect citizen’s privacy, there are some areas where GINA doesn’t apply. It does not apply to employers with fewer than 15 employees. It doesn’t apply to individuals in the U.S. military or individuals using health insurance from the TRICARE military health system. GINA also excludes individuals on the Indian Health Service, the Veterans Health Administration, or the Federal Employees Health Benefits Program. Most importantly, this law does not protect those with long term care insurance, life insurance, or disability.
Within two years of implementation of Title II, over 1,000 reports were filed to the EEOC at that time. The creation of GINA has led to advancements in science and equality when it comes to health insurance and employment. It is important to note that there are other laws, policies, and statutes that protect individuals from genetic discrimination, too.
Protect Yourself Against Genetic Discrimination
As a personal injury law firm, we commit to protecting your individual rights including your privacy regarding your personal medical information. If you or someone you love has been the victim of some type of genetic discrimination, it is important that you get the legal representation that you need to adequately defend your rights. The experienced attorneys at the Cooper and Friedman law firm have been successfully fighting for the rights of victims since 1991.
For a free case consultation with a Louisville discrimination attorney, feel free to give us a call at 502-459-7555. We look forward to serving you.