GINA and the ADA
Some information provided by EEOC and US Access Board
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GINA is the Genetic Information Nondiscrimination Act of 2008 which took effect on November 21, 2009. The Equal Employment Opportunity Commission (EEOC) enforces Title II of GINA (dealing with genetic discrimination in employment). The Departments of Labor, Health and Human Services and the Treasury have responsibility for issuing regulations for Title I of GINA, which addresses the use of genetic information in health insurance.
Title I of the Americans with Disabilities Act (ADA) of 1990 prohibits private employers, State and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. The ADA covers employers with 15 or more employees, including State and local governments. It also applies to employment agencies and to labor organizations.
Under Title II of GINA, it is illegal to discriminate against employees or applicants because of genetic information. Title II of GINA prohibits the use of genetic information in making employment decisions, restricts employers and other entities covered by Title II (employment agencies, labor organizations and joint labor-management training and apprenticeship programs - referred to as "covered entities") from requesting, requiring or purchasing genetic information, and strictly limits the disclosure of genetic information.
Genetic information includes:
information about an individual's genetic tests and the genetic tests of an individual's family members
information about the manifestation of a disease or disorder in an individual's family members (i.e. family medical history)
family medical history because it is often used to determine whether someone has an increased risk of getting a disease, disorder, or condition in the future
an individual's request for, or receipt of, genetic services
the participation in clinical research that includes genetic services by the individual or a family member of the individual
the genetic information of a fetus carried by an individual or by a pregnant woman who is a family member of the individual
the genetic information of any embryo legally held by an individual or family member using an assisted reproductive technology.