On May 21, 2008, President George W. Bush signed the federal Genetic Information Nondiscrimination Act of 2008 (GINA) into law. GINA prohibits discrimination against individuals in employment and health insurance based on genetic information. With respect to discrimination in employment, among other things, GINA prohibits employers from (i) acquiring "genetic information" about employees and their family members and (ii) discriminating against employees based on such "genetic information." GINA generally takes effect 18 months after its enactment, which will be on November 21, 2009. 1 GINA defines "genetic information" broadly as, "with respect to any individual, information about (i) such individual's genetic tests, (ii) the genetic tests of family members of such individual and (iii) the manifestation of a disease or disorder in family members of such individual." "Genetic information" does not include information about the sex or age of any individual. GINA further defines "family member" as "(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 (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)." ...
Anytime
