President Bush signed the Genetic Information Nondiscrimination Act of 2008 (GINA) on May 21, 2008. Congress passed the related bill and submitted it to the President earlier in May.
The new genetic discrimination law makes it illegal for employers and health insurers to discriminate against employees on the basis of genetic predisposition to illness and disease.
The new law also makes it illegal for employers to retaliate against employees for reasonably exercising their rights under the law, as do all discrimination laws.
Additionally, the Genetic Information Nondiscrimination Act amends the Fair Labor Standards Act (FLSA) to stiffen the penalties for employer violations of the FLSA’s child labor, overtime and minimum wage provisions. GINA also amends other laws.
GINA becomes effective on November 21, 2009. For legal advice concerning the new genetic discrimination law, consult a lawyer.
Update: On March 2, 2009, the U.S. Equal Employment Opportunity Commission (EEOC) opened a 60-day public comment period on the proposed final rule that will enforce the Genetic Information Nondiscrimination Act. To read the final rule and submit your comments, see Regulations under the Genetic Information Nondiscrimination Act of 2008 (Docket EEOC_FRDOC_0001).
