Preview

Genetic Information Nondiscrimination Act

Good Essays
Open Document
Open Document
1057 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Genetic Information Nondiscrimination Act
My choice topic for the benefits legislation paper is Genetic Information Nondiscrimination Act of 2008 also referred to as GINA. This new federal law will protect society from being treated unfairly because of the differences in their DNA that may affect their health. Genetic discrimination is the misuse of genetic information. Genetic information as defined by GINA including the following: An person's genetic tests or the genetic tests of the individual's family members, and the manifestation of a disease or disorder in the individual's family members, Genetic information also includes the request or receipt of genetic services or participation in clinical research that includes genetic services, for both the individual and the individual's …show more content…
House of Representatives remarks to the Harvard Graduate School of Arts and Sciences Science Policy Group and the Biomedical Graduate Student Organization in 2007 stated “We have laws to protect us from discrimination based on race, gender, and host of other intrinsic characteristics. We desperately needed to enact similar law to protect against genetic discrimination not only to ensure that the tremendous potential of genetic testing and research could be realized but because it was the right thing to do.” (Slaughter L. 2010) Rep. Louis Slaughter introduced this Act to the House of Representative on January 16, 2007, the three committee’s consideration came from House Education and Labor, House Energy and Commerce and House Ways and Means. This Act passed the House of Representation on April 25, 2007 and then the Senate on April 24, 2008 with an amendment, then the House of Representation agreed to Senate’s amendment on May 1, 2008 and the Act was signed into law by President George W. Bush on May 21, …show more content…
GINA says an employer cannot even ask for or buy genetic information from its employees. For Human Resource representatives the GINA clearly states for regulations for genetic information. The need for a genetic test is very limited to the health care professionals and tests for drugs must not be a DNA establish test it must only test for illegal drugs. My recommendation for GINA is to establish testing with a trustworthy health facility if drug testing is to be done. Have in writing what is being tested and what is not so the employee is aware what is occurring with their sample. Have in writing what the current health care insurance can and cannot require from the employee and do business with an established insurer. Have in writing whether the insurer will cover elective genetic testing and if the employee chooses to have done, that information will not be shared with the

You May Also Find These Documents Helpful

  • Satisfactory Essays

    My first take-away came reading the Poore v. Peterbilt of Bristol Case. While I was reading this case, I was sure that Mr. Poore had established a claim under GINA since he was terminated three days after he disclosed his wife had been diagnosed with multiple sclerosis. I assumed he was covered under GINA because it is unlawful to discharge an employee because of the genetic tests of an individual's family members. This was an important take-away for me because it helped me understand what constitutes “genetic information with respect to the employee” to successfully establish a claim.…

    • 306 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Laws of confidentiality such as HIPAA and Genetic Information Nondiscrimination Act (GINA) are laws that should be used to govern the use of genetic…

    • 825 Words
    • 4 Pages
    Good Essays
  • Better Essays

    MGT 623 Week 3 Assignment

    • 1274 Words
    • 4 Pages

    Companies that manage genetic products would most likely disclose any medical information that would help the company over the individual. The issue at hand again is that most of the time it would not be their place to release information without consent. They would have to fight dilemmas of doing what is legal and what is ethical. Ethically they may want to disclose the information to another company but legally they might not be able to do so.…

    • 1274 Words
    • 4 Pages
    Better Essays
  • Satisfactory Essays

    DCCHA Case Study

    • 117 Words
    • 1 Page

    In regards to the DCCHA policy it would be best to leave the individuals who go onsite in that policy and non-field service workers create a corporate drug testing policy. This policy would be consistent with a DCCHA look alike (10 panel + Expanded opiates). You would not be required to have random selections on the policy. Also, we can transfer those individuals in the policy so they do not have to retest.…

    • 117 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    The author, Yann Joly, supports their argument against legislation to protect genetic rights with three main points. The first point that the article mentions is that genetic discrimination cannot be “accurately described as a widespread practice within the life-insurance industry.” The author supports this with the fact that the practice of genetic discrimination has been found only in the context of Huntington’s disease, this being discovered after more than twenty years of trying to document genetic discrimination. The author also argues that “separating genetic information from other types of health information in law could promote the erroneous belief that most genes are the sole causes of disease.” In the opinion of the author, this could promote the…

    • 876 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Crichton concludes by praising the efforts of two politicians, Xavier Becerra (D, CA) and Dave Weldon (R, FL) who introduced legislation to prohibit the patenting of genes found in nature. The bill entitled, “Genomic Research and Accessibility Act” is touted heavily by Crichton. The author claims “This bill will fuel innovation, and return our common genetic heritage to us (Crichton…

    • 1006 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    2. Bernstein, P., & Shein, E. (Actor). (2008). Identical Twins Separated at Birth [Online video]. New York: youtube. Retrieved April 4, 2013…

    • 542 Words
    • 3 Pages
    Satisfactory Essays
  • Powerful Essays

    Verhovek, Sam Howe. 1996. "Prop. 209 May Spur National Trend." 21 April 2005. Affirmative Action and Diversity Project.…

    • 4130 Words
    • 17 Pages
    Powerful Essays
  • Good Essays

    The organization created both a Genetic Bill of Rights and a Citizen's Guide to Genetically Modified Food. Also notable are CRG's support for the "Safe Seeds Campaign" (for avoiding gene flow from genetically engineered to non-GE seed) and the organization of a US conference on Forensic DNA Databanks and Racial Disparities in the Criminal Justice System. In 2010 CRG led a successful campaign to roll back a controversial student genetic testing program at the University of California, Berkeley. In 2011, CRG led a campaign to successfully enact (GINA) in California which extended genetic privacy and non-discrimination protections to life, disability and long term care insurance, mortgages, lending and other areas.…

    • 451 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The Supreme Court was presented with the case of Fischer vs. The University of Texas where Abigail Fisher was suing the University for discrimination in their affirmative action based admissions process. The Supreme Court voted 7-1 and ruled to send the case back to the lower courts for further review and put off making any final decisions to change the U.S. policy on affirmative action, a “longstanding but fragile societal compromise, one that forbids quotas but allows using race as one factor among many in the admissions process” (Laptik). Both articles discussed in length the constitutionality of the race-based admissions process as well as explaining the Supreme Court’s position on the matter. The justices made statements that explained that the admissions programs must be subject to strict scrutiny where the it can be determined that classification based on gender, race and ethnicity occurs for the sole purpose of creating a diverse student population. The programs that use affirmative action in public universities are being scrutinized to ensure that their methods are a means to an end and serve to create diversity only. This issue will come before the Supreme Court again in the future and there will most likely be a more permanent ruling on the matter.…

    • 580 Words
    • 3 Pages
    Good Essays
  • Good Essays

    President Barack Obama’s removal of the Bush administration’s restrictions on federal funds for stem cell research. He explains that is important to understand that the research is a delicate process, and that is has the possibility to provide great benefits to medicine, such as the regeneration of cells in the human body. He also says he will not allow any federal funds for human cloning; stating that it is wrong and is not social acceptable. President Obama’s executive actions can’t over step the legislation passed by Congress in the Dickey-Wicker amendment, which, forbids federal funds for research that puts human embryos at risk of potential injury or even death. President Obama’s administration has indicated that it will abide by the amendment and not allow funds for stem cell research in which embryos are destroyed. This should benefit non-embryonic stem cell research such as adult and amniotic stem cell…

    • 719 Words
    • 3 Pages
    Good Essays
  • Good Essays

    From a patient’s perspective, people tend to see genetic information as more definitive, in the sense that 'you cannot change your genes' and that 'genes tell all about your future.’ Such genetic determinism is an oversimplification and does not take into account the nature of biologic pathways. From a provider’s perspective, genomics presents challenges with respect to ethical and professional responsibilities, including the appropriate use of genomic information in the health care setting. I believe that there should be an identification of provider education programs that increase use of appropriate screening, counseling and evidence-based genetic tests. By increasing the effectiveness of genomic testing, it will help dissolve the negative association and further increase the proportion of people who are willing to receive genetic…

    • 463 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The issue of mandatory drug testing for certain jobs is perplexing and a complicated topic. After hearing both sides of the debate presented in class, I feel that drug testing for certain jobs is a beneficial aspect to incorporate into the workplace. I feel this way due to the potential that testing for drugs in certain jobs such as healthcare, government officials, law enforcement and other occupations that involve decisions that can directly impact the lives of others, has on removing harmful individuals from positions of power and the direct influence that testing has on those individuals to avoid drugs while working.…

    • 674 Words
    • 3 Pages
    Good Essays
  • Good Essays

    sparked substantial debate amongst groups within society during recent times. Genetic engineering and cloning has become so controversial, that laws have be passed to set up boundaries and limitations. These laws are always frequently changing to satisfy our morals and values on genetic engineering and cloning. These processes have resulted in…

    • 750 Words
    • 3 Pages
    Good Essays
  • Better Essays

    One-third of American corporations now require their employees to be tested for drug use. These requirements are compatible with general employment law while promoting the public 's interest in fighting drug use. Moreover, the United States Supreme Court has ruled that drug testing programs are constitutionally permissible within both the public and the private sectors. It appears mandatory drug testing is a permanent fixture of American corporate life. (Bakaly, C. G., Grossman, 1989)…

    • 1542 Words
    • 7 Pages
    Better Essays