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Genetic Discrimination Protection Laws Enactment/Enforcement

Taxonomy Code: DF-8000.3030

Programs that establish and enforce federal or state legislation which prohibits discrimination based on genetic testing revealing a gene mutation that increases the risk that an individual has an inherited disorder. Most notable is the federal Genetic Information Nondiscrimination Act (GINA) which has two parts: Title I, which makes it illegal for health insurance providers to use or require genetic information to make decisions about a person's health insurance eligibility or coverage; and Title II, which prohibits discrimination in employment based on genetic information and, with certain exceptions, prohibits an employer from requesting, requiring or purchasing genetic information. The law also prohibits use of genetic information in employment decisions (including hiring, firing, advancement, compensation, job assignments and other terms, conditions and privileges of employment) by employers with 15 or more employees (including state and local governments). It also applies to employment agencies, labor organizations, joint labor-management and apprentice training programs, and the federal government. However GINA and other similar laws do not protect people from genetic discrimination in every circumstance. For example, GINA does not protect against genetic discrimination related to forms of insurance other than health insurance, including life, disability or long-term care insurance.

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