The Genetic Information Nondiscrimination Act

President Bush signed H.R. 493, The Genetic Information Nondiscrimination Act, into law on May 21, 2008. The Act makes it illegal for employers and insurers to base promotions, health coverage, and hiring decisions on the results of genetic testing. Such testing can show a statistical predisposition to cancer and other diseases. There is fear that people will not seek out such testing because of a belief that insurers and employers will exclude those predisposed from health care coverage and jobs. The aim of the Act is to prevent such discrimination.

The Act amends the Employment Retirement Security Act and applies to both health insurers and employers. As to employers, as summarized, the Act:

"Prohibits, as an unlawful employment practice, an employer, employment agency, labor organization, or joint labor-management committee from discriminating against an employee, individual, or member because of genetic information, including: (1) for an employer, by failing to hire or discharging an employee or otherwise discriminating against an employee with respect to the compensation, terms, conditions, or privileges of employment; (2) for an employment agency, by failing or refusing to refer an individual for employment; (3) for a labor organization, by excluding or expelling a member from the organization; (4) for an employment agency, labor organization, or joint labor-management committee, by causing or attempting to cause an employer to discriminate against a member in violation of this Act; or (5) for an employer, labor organization, or joint labor-management committee, by discriminating against an individual in admission to, or employment in, any program established to provide apprenticeships or other training or retraining."

The Act makes the results of genetic testing confidential medical records that are to be protected separately and not disclosed. Insurers are allowed access to genetic testing results in order to determine if a claim is to be paid and medical providers are not limited in their ability to request genetic testing under the Act. It also makes it illegal for employers or insurers to purchase testing results for purposes of underwriting or making employment decisions.

The Act had nearly unanimous support with over 200 co-sponsors of the Act.