Title II of the Genetic Information Nondiscrimination Act (GINA) Now in Effect

Horizons in Hemophilia, December 2009

By Jeff Cornett RN, MSN, Director of Training, Research, & Advocacy

On November 21, 2009, Title II of the Genetic Information Nondiscrimination Act (GINA) went into effect.  This new national law prohibits employers of 15 or more people from collecting genetic information from employees and from using this information to make employment decisions, including hiring and firing.  Employers must treat genetic information with the same confidentiality they use for other medical information.

Hemophilia of Georgia joined with the National Hemophilia Foundation in lobbying for passage of GINA.  It was signed into law by President Bush on May 21, 2008.  The provisions of Title I of the law, which deals with genetic information and health insurance, started going into effect on May 22, 2009.

The federal law does not do away with state laws that provide greater protection from discrimination.  For example, Georgians may find that they have more rights under Title 33, Section 54, of the Georgia Code.  This is the state law dealing with genetic information and insurance.  Other federal laws, including the Americans with Disabilities Act, prohibit discrimination against people with conditions such as hemophilia and von Willebrand Disease.

The federal government has information about GINA on the webpage of the National Human Genome Research Institute https://www.genome.gov/10002328.  The Equal Employment Opportunity Commission (EEOC) also has information on its webpage https://www.eeoc.gov/laws/types/genetic.cfm including links to file a claim with the EEOC if you think you have been discriminated against in employment because of genetic information.