On November 9, 2010, the U.S. Equal Employment Opportunity Commission (EEOC) issued final regulations implementing the employment provisions of the Genetic Information Nondiscrimination Act of 2008 (GINA). GINA prohibits use of genetic information to make decisions about health insurance and employment, and restricts the acquisition and disclosure of genetic information. Title II of GINA prohibits employment discrimination based on genetic information, and restricts the acquisition and disclosure of genetic information. The regulations provide examples of genetic tests; more fully explain GINA’s prohibition against requesting, requiring, or purchasing genetic information; provide model language employers can use when requesting medical information from employees to avoid acquiring genetic information; and describe how GINA applies to genetic information obtained via electronic media, including websites and social networking sites. For more information: EEOC.GOV
On May 21, 2008, President George W. Bush signed into law the Genetic Information Nondiscrimination Act (GINA) that will protect Americans against discrimination based on their genetic information when it comes to health insurance and employment. The bill had passed the Senate unanimously and the House by a vote of 414 to 1. The long-awaited measure, which had been debated in Congress for 13 years, paved the way for people to take full advantage of the promise of personalized medicine without fear of discrimination. Recently, Pamela Fink filed a lawsuit against her employer, MX Energy, a Connecticut natural gas retailer, claiming that her employer fired her after learning that she had tested positive for the breast cancer gene, despite having years of glowing evaluations with the company.
Leeds Morelli & Brown, PC is a nationally recognized firm in the area of employment law. Our firm has had considerable success in matters of employment discrimination throughout Long Island and the New York City area. For more information, contact Leeds, Morelli and Brown, PC at 1-800-585-4658 for a free consultation.