Using the internet, research the Genetic Information Nondiscrimination Act of 2008 (GINA). Summarize the Act. Using the internet, find a case involving a violation of GINA. Summarize this case and include information on how it could have been prevented. Be sure to include references.
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Introduction:
The Genetic Information Nondiscrimination Act of 2008 (GINA) is an important legislation designed to protect individuals from genetic discrimination in health insurance and employment. This act aims to prevent discrimination based on an individual’s genetic information or the genetic information of their family members. In this answer, we will provide a summary of GINA and present a case involving a violation of GINA, along with possible preventive measures for such violations.
Summary of GINA:
The Genetic Information Nondiscrimination Act of 2008 (GINA) is a federal law enacted in the United States on May 21, 2008. GINA prohibits health insurers and employers from discriminating against individuals based on their genetic information. It provides protection against genetic discrimination in two key areas: health insurance and employment.
In terms of health insurance, GINA prohibits health insurers from using an individual’s genetic information to determine eligibility, establish premiums, or discriminate against an individual in any way. This means that health insurers cannot deny coverage or charge higher premiums based on genetic information.
Regarding employment, GINA prohibits employers from discriminating against employees or job applicants based on their genetic information. Employers are restricted from using genetic information in the hiring, firing, promotions, or any other employment-related decisions. GINA also prohibits employers from requesting, acquiring, or disclosing an individual’s genetic information, except in limited circumstances.
Case Involving a Violation of GINA:
One notable case involving a violation of GINA is the Equal Employment Opportunity Commission (EEOC) v. Founders Pavilion, Inc. This case was filed in 2011 by the EEOC against a nursing and rehabilitation center, Founders Pavilion, Inc., located in New York.
In this case, Founders Pavilion requested family medical history as part of its pre-employment medical examination process. The prospective employees were subjected to inquiries about their family medical history, which included detailed questions about whether they had family members with specific medical conditions. This practice of requesting and using genetic information in the hiring process violated GINA.
The EEOC argued that Founders Pavilion’s actions constituted genetic discrimination, as they requested information prohibited under GINA. The case was eventually settled, with Founders Pavilion paying $370,000 in monetary relief to the affected individuals and agreeing to implement preventive measures to avoid future violations of GINA.
Prevention Measures for GINA Violations:
To prevent violations of GINA, employers should take several measures, including:
1. Educating HR personnel and management: Companies should ensure that their HR personnel and management are aware of GINA’s provisions and understand what constitutes genetic discrimination. Adequate training on GINA should be provided to help them make informed decisions and avoid inappropriate inquiries or actions.
2. Updating hiring policies: Employers should revise their hiring policies to explicitly state that genetic information should not be requested or considered during the hiring process. Such policies should align with GINA’s requirements and clearly communicate the organization’s commitment to nondiscrimination.
3. Providing clear guidelines: Employers should provide clear guidelines to their employees, emphasizing that genetic information should not be requested or used in employment decisions. This includes ensuring that medical examinations or questionnaires administered during the pre-employment process are in compliance with GINA.
4. Implementing procedures for complaints: Establishing procedures for employees to raise concerns or complaints related to genetic discrimination is crucial. Companies should have a well-defined process for addressing complaints, investigating them promptly, and taking appropriate corrective actions.
References:
1. “GINA and Your Health Insurance” – U.S. Equal Employment Opportunity Commission (EEOC)
2. “EEOC Sues Founders Pavilion for Genetic Information Discrimination” – U.S. Equal Employment Opportunity Commission (EEOC)
3. “EEOC Lawsuit Alleges New York Nursing and Rehabilitation Center Violated Federal Law by Demanding Unlawful Medical Inquiries about Family Medical History” – U.S. Equal Employment Opportunity Commission (EEOC)
