210. An employer, employment agency, labor organization, or joint labor-management committee shall be considered to be in compliance with the maintenance of information requirements of this subsection with respect to genetic information subject to this subsection that is maintained with and treated as a confidential medical record under section 102(d)(3)(B) of the Americans With Disabilities Act (42 U.S.C. (b) Acquisition of Genetic Information.--It shall be an unlawful employment practice for an employer, labor organization, or joint labor- management committee described in subsection (a) to request, require, or purchase genetic information with respect to an individual or a family member of the individual except--. These state laws generally prohibit employers fro… 1-844-234-5122 (ASL Video Phone)
To alleviate some of this stigma, Congress in 1972 passed the National Sickle Cell Anemia Control Act, which withholds Federal funding from States unless sickle cell testing is voluntary. The Genetic Information Nondiscrimination in Health Insurance Act of 1995. GINA covers employers with 15 or more employees, including state and local governments. (1) In general.--The powers, remedies, and procedures provided in section 717 of the Civil Rights Act of 1964 (42 U.S.C. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. In 2017, HR 1313[24] was introduced which would have let employers demand workers' genetic test results. (a) Discrimination Based on Genetic Information.--It shall be an unlawful employment practice for an employment agency--. (a) In General.--Nothing in this title shall be construed to--. (3) Information from federal agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this section. [5] President George W. Bush signed the bill into law on May 21, 2008. 881, enacted May 21, 2008, GINA /ˈdʒiː.nə/ JEE-nə), is an Act of Congress in the United States designed to prohibit some types of genetic discrimination. 1311(a)(1)) shall be the powers, remedies, and procedures this title provides to that Board, or any person, alleging an unlawful employment practice in violation of this title against an employee described in section 201(2)(A)(iii), except as provided in paragraphs (2) and (3). (4) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out the objectives of this section, except that, to the extent possible, the Commission shall use existing data and research. [6] The text of the final approved version of GINA is here. GINA also prohibits harassment on the basis of genetic information, such as offensive and derogatory comments about an individual's genetic information that are sufficiently severe or pervasive to create a hostile work environment. 202. Federal government websites often end in .gov or .mil. shall apply in the same manner as such title applies with respect to a claim alleging a violation of section 201(a)(1) of such Act (2 U.S.C. There are no exceptions to the prohibition on using genetic information to make employment decisions. The act bars the use of genetic information in health insurance and employment: it prohibits group health plans and health insurers from denying coverage to a healthy individual or charging that person higher premiums based solely on a genetic predispositionto developing a disease in the future, and it bars employers from using individuals' geneti… (3) Family member.--The term "family member" means, with respect to an individual--, (A) a dependent (as such term is used for purposes of section 701(f)(2) of the Employee Retirement Income Security Act of 1974) of such individual, and. (1) where the employer, labor organization, or joint labor- management committee inadvertently requests or requires family medical history of the individual or family member of the individual; (A) health or genetic services are offered by the employer, labor organization, or joint labor-management committee, including such services offered as part of a wellness program; (D) any individually identifiable genetic information provided under subparagraph (C) in connection with the services provided under subparagraph (A) is only available for purposes of such services and shall not be disclosed to the employer, labor organization, or joint labor-management committee except in aggregate terms that do not disclose the identity of specific individuals; (3) where the employer, labor organization, or joint labor- management committee requests or requires family medical history from the individual to comply with the certification provisions of section 103 of the Family and Medical Leave Act of 1993 (29 U.S.C. In 1997, the Coalition for Genetic Fairness (CGF) was formed by several patient and civil rights groups to spearhead genetic nondiscrimination legislation on Capitol Hill. 2000e-16) to the Commission, the Attorney General, the Librarian of Congress, or any person, alleging a violation of that section shall be the powers, remedies, and procedures this title provides to the Commission, the Attorney General, the Librarian of Congress, or any person, respectively, alleging an unlawful employment practice in violation of this title against an employee or applicant described in section 201(2)(A)(v), except as provided in paragraphs (2) and (3). 209. (3) Damages.--The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States (42 U.S.C. (H) 1 member shall be appointed by the ranking minority member of the Committee on Education and Labor of the House of Representatives. 110–233 (text) (pdf), 122 Stat. (c) Preservation of Protections.--In the case of information to which any of paragraphs (1) through (6) of subsection (b) applies, such information may not be used in violation of paragraph (1), (2), or (3) of subsection (a) or treated or disclosed in a manner that violates section 206. (B) any other individual who is a first-degree, second-degree, third-degree, or fourth-degree relative of such individual or of an individual described in subparagraph (A). Sec. shall be the powers, procedures, and remedies this title provides to the Commission, the Attorney General, or any person, respectively, alleging an unlawful employment practice in violation of this title against an employee described in section 201(2)(A)(i), except as provided in paragraphs (2) and (3). New knowledge about genetics may allow for the development of better therapies that are more effective against disease or have fewer side effects than current treatments. Information about an individual's genetic tests; Information about the genetic test of a family member; Requests for and receipt of genetic services by an individual or a family member; and.
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