New law bars genetic info discrimination

WASHINGTON, Nov. 15 (UPI) -- A U.S. law set to take effect next weekend bars employers from requesting or using genetic background information in hiring, firing or promotions, lawyers said.

The Genetic Information Nondiscrimination Act bars health insurers from requiring testing or using genetic information to set premiums or deductibles or deny coverage, The New York Times reported Sunday.

The law will have the effect of prohibiting employers and insurers from asking employees to provide their family medical histories, as it would be difficult to do so without also giving the outlawed genetic information, the newspaper said. The law also prohibits group health plans and employers from the practice of rewarding workers if they give their family medical histories when completing health risk questionnaires.

"A lot of people incentivize employees to provide this family medical information. They give them some extra paid time off if they participate in surveys. Now they can't do that," said John C. Stivarius Jr., an Atlanta lawyer who advises businesses about GINA.

GINA was passed last year to prohibit discriminatory practices such as firing or denying insurance coverage to a worker based on genetic testing. A nationwide survey showed 63 percent of respondents said they would not undergo genetic testing if employers could gain access to the results.

"The message to employees is they should now be able to get whatever genetic counseling or testing they need and be less fearful about doing so," Peggy R. Mastroianni, associate legal counsel for the U.S. Equal Employment Opportunity Commission, said.