As genetic testing becomes more widely available and cheaper, the number of people identified as having a genetic marker for a disorder is expected to increase. One societal concern is that a person identified as being at risk for a genetic disorder may be discriminated against. Fear of discrimination may cause a person to refuse genetic testing.
Genetic discrimination occurs when:
(1) a person is at risk for, or has, a genetic disorder
(2) the person is treated differently because of this information
Protection against genetic discrimination in the United States is provided by Genetic Information Nondiscrimination Act (GINA).
Provisions of GINA:
(1) It relates to a person identified as being at risk for a genetic disorder.
(2) Genetic information cannot be used for decision making in health insurance.
(3) Genetic information cannot be used for decision making in employment, including hiring, firing and promotion
(4) No one can require that the person takes a genetic test.
Exemptions to GINA (but protection for government groups may be provided by other policies):
(1) small businesses
(2) federal government
(3) United States military
(4) Veterans Administration
(5) Indian Health Service
(6) insurance other than health insurance (including life and disability)
In addition, the law may not protect a person who has developed a genetic disease but who is not yet disabled. This group has become covered by the Affordable Care Act, which affects health insurance but not employment.
