Genetic Information Non-Discrimination Act signed into law
On May 21, 2008, President George W. Bush signed into law the Genetic Information Non-Discrimination Act (the “Act”). The Act prohibits employers, labor unions and insurers from discriminating against employees on the basis of genetic information. President Bush stated that “it protects our citizens from having genetic information misused, and this bill does so without undermining the basic premise of the insurance industry.”
The law prohibits employers from using genetic information in hiring, firing, pay or promotion decisions. It also forbids health insurers from requiring a genetic test or rejecting coverage or raising premiums for healthy people based on genetic predisposition. Text of the law may be found here.
Employers are also generally prohibited from acquiring genetic information with respect to their employees. Nevertheless, the Act contains many exceptions to the general rule. Employers may still acquire genetic information where health or genetic services, such as wellness programs, are offered by the employer; when the employee authorizes their employer to acquire such information; and when the employer requests family medical history to comply with the certification provisions of the Family and Medical Leave Act of 1993.
Although insurance groups have supported the bill, employer groups have generally opposed the legislation, finding it overbroad and likely to increase frivolous litigation.
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Attorney Spotlight
Deborah S. Adams is a member of Frost Brown Todd LLC and practices in the labor and employment law practice group. She represents management in the areas of employment discrimination and wrongful discharge.