Define: Genetic Information Nondiscrimination Act (Gina)

The Genetic Information Nondiscrimination Act (GINA) is a legislation designed to safeguard individuals against discrimination based on their genetic information. This encompasses details regarding their family’s medical history, genetic test outcomes, and involvement in genetic research. It prohibits employers and health insurers from requesting genetic testing or accessing someone’s genetic information without their consent. Furthermore, this information cannot be utilised to make decisions regarding hiring, termination, promotions, salary, or health insurance coverage. However, GINA does not extend to life insurance or long-term care insurance, and it does not apply to employers with fewer than 15 employees. The purpose of this law is to address concerns regarding the potential impact of genetic testing and research on individuals’ employment and health insurance.

The Genetic Information Nondiscrimination Act of 2008 (GINA) is a law that safeguards individuals from discrimination based on their genetic information in relation to employment and health insurance. This law was established due to concerns that participating in genetic research or undergoing genetic testing would negatively impact job prospects and health insurance coverage. GINA protects various forms of genetic information, including an individual’s and their family’s genetic health history, genetic test results, genetic counseling and other genetic services, and participation in genetic research. Employers and health insurers are prohibited from requesting genetic testing or accessing an individual’s genetic information without their consent. The individual alone has the authority to determine how and to what extent their genetic information is shared with third parties. Employers and health insurers with access to an individual’s genetic information are prohibited from discriminating against them based on that information. GINA prohibits employers from making employment-related decisions, such as hiring, firing, promotion, and pay, based on an individual’s genetic information. Similarly, health insurance companies are prohibited from using an individual’s genetic information to determine health insurance coverage, cost, or benefits. For instance, if an individual has a genetic predisposition to a certain disease, their employer cannot use that information to deny them a job or promotion. Likewise, health insurance companies cannot deny coverage or charge higher premiums based on an individual’s genetic information. However, GINA does not apply to life insurance coverage or long-term care insurance. Some states have implemented more stringent laws to protect genetic information and address these gaps. GINA does not supersede these laws; it establishes the minimum level of protection. The U.S. military is exempt from GINA, as it can utilise genetic information for employment decisions. Additionally, GINA does not apply to employers with fewer than 15 employees. GINA has significant implications for individuals participating in genetic studies. It mandates genetic researchers to obtain consent forms and explain the confidentiality of genetic information to study participants. Since its enactment, courts have grappled with the interpretation of “genetic information” and what falls within the scope of GINA’s protection. In the case of Lowe v. Atlas Logistics Grp. Retail Servs. (Atlanta), LLC, the United States District Court for the Northern District of Georgia rejected the defendant’s argument that GINA only safeguards medical genetic testing and not forensic genetic testing. The jury awarded the plaintiff employee $2.2 million in damages.

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This glossary post was last updated: 16th April 2024.