Student Name
HCA/322
October 13, 2014
Professor Name
The goal of this essay is to determine whether the information presented within it could be considered a violation or a non-violation of the GINA of 2008. A case study has been determined to be a method to learn about a complex instance. This information is based on understanding the detailed instance and analyzing the context as a whole. I will be briefly discussing this case study.
The GINA legislation had unanimous support when it was signed into law by President Bush. This case study is broken down into many different stories that focus on GINA. The Act was voted into Congress in 2008 (Hudson, Holohan, & Collins, …show more content…
Covered entities must keep genetic information confidential and in a separate medical file (Tobin, 2008). There are limited exceptions to this non-disclosure rule, such as exceptions that provide for the disclosure of relevant genetic information to government officials investigating compliance with Title II of GINA and for disclosures made pursuant to a court order (Tobin, 2008). When it comes down to any type of employment the law forbids discrimination on the basis of genetic information which include hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, or any other type of employment. An employer should never use genetic information to make an employment decision because genetic information is not relevant to an individual's ability to work at any time (Tobin, 2008). A goal of the policy is to protect equality and privacy of an employer that lose their jobs as a result to genetic testing. According to Kimel and Garrett evidence that Congress collected is of no concern because it’s only in the private sector and not by state. Some states argued that being flexible to GINA is not consistent with the Court’s (Tobin, …show more content…
For instance, courts need to apply heightened constitutional scrutiny to genetic discrimination. This will keep states from arguing against them and win stating its insufficient data. Another examples is there is a strong case for abrogating sovereign immunity in those cases where employers rely on the information that is took from genetic testing that has been linked to racial or ethnic backgrounds. The last reason is the provisions that uphold GINA’S privacy in 5 legislations has an uncertainty about it not being strong enough to work against state employment.
The Voting Rights Act Reauthorization Act was created in 2006 to place jurisdictions on the voting history of racial discrimination. The research from this act allowed congress to take action towards making decisions on these issues. Approval would have to come from the attorney General or a federal court. This provision help minority voters the ability to vote and make their voice heard through the election process (Tobin,