Questions and Answers with Paul A. Ross
Attorney answers questions about genetic testing law
Questions and Answers with Paul A. Ross

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Published: July 17, 2008

Q: The federal government recently enacted a new type of discrimination protection for American workers. What is it?

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A: In May of this year, President Bush signed into law the Genetic Information Nondiscrimination Act, or "GINA.” The bill had been under consideration in Congress for several years but passed with overwhelming support this year.

Q: In broad terms, what does GINA do?

A: In short, it provides two types of protection. First, GINA prohibits employers from requiring genetic testing, collecting genetic information, or discriminating against applicants or employees because of genetic information. Second, it prohibits health insurers from affecting enrollment or premiums for health insurance on the basis of genetic information.

Q: What is the motivation for genetic discrimination protection? Is there a significant problem to be addressed?

A: GINA appears to be proactive in its approach — there is actually little concern that employers are currently discriminating based on genetic information. However, as the health benefits of genetic testing and other services become clearer, Congress sought to alleviate any fears that such information may negatively affect a person's livelihood.

Q: It seems like there may be a lot more information in the details. What else do we know?

A: Absolutely. Much like other employment laws, the details of GINA will be contained within agency regulations. With respect to the employment protections, Congress has ordered the Equal Employment Opportunity Commission to issue final regulations within the next year. Similar regulations will be drafted for health insurers. As those regulations become available, we will know more about our obligations as employers.

Business Writer Paula Burkes