DNA & Discrimination

Jessica Mathewson-Library Media Technical Asst.-jessica.mathewson@law.csuohio.edu | April 28, 2008 - 10:10

Congress is close to passing milestone legislation concerning genetic bias and employment discrimination known as GINA, Genetic Information Nondiscrimination Act. The Senate voted unanimously last week to pass the bill and the same is expected in the House this week. The bill, H.R. 493, bars insurance companies from denying coverage or charging higher premiums due to an individuals' genetic information. Employers are also barred from using genetic information in their hiring and firing practices. The bill applies to those who have the RISK of disease but do not already have it. For obvious reasons, employers are not pleased, even though anyone choosing to sue must first get approval from the Equal Employment Opportunity Commission. While insurers can not deny coverage due to genetic risks, rates for those seeking their own insurance coverage will still be determined by pre-existing health conditions.