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Genetic Discrimination Bill Closer to Law

The U.S. Senate yesterday approved legislation that would prohibit genetic discrimination in the workplace.

The Genetic Information Nondiscrimination Act (GINA) sailed through the Senate on a 95-0 vote.  The bill now moves on to the House, where it is expected to pass next week and then be signed by President Bush.

Among other things, GINA would:

  • prohibit discrimination based on genetic information in hiring, firing, compensation and other employment decisions;
  • prohibit employers from collecting genetic information through workplace genetic testing or other means, with very narrow exceptions (e.g., monitoring the effects of hazardous workplace exposures);
  • prohibit health insurers and plans from requiring genetic testing and from discriminating based on genetic information in enrollment and premium-setting; and
  • impose strict workplace confidentiality/disclosure rules on all genetic information.

Democrats and Republicans alike lauded the measure.  “It means that people whose genetic profiles put them at risk of cancer and other serious conditions can get tested and seek treatment without fear of losing their privacy, their jobs, and their health insurance,” said Ted Kennedy (D-Mass.).  Michael Enzi (R-Wyo.) added that the legislation “protects both employees and employers by setting a standard of conduct that is easy to understand and easy to follow.”  “We are far better off setting uniform, consistent rules of the road clearly and up front, rather than allowing them to be set piecemeal through litigation,” he said.

Stay tuned for more on this potentially historic legislation.

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