Throughout the history of the United States of America, discrimination has been one of the major issues found within employment decisions. To counter these discriminatory actions, laws have been passed to make these actions illegal. For example, the Civil Rights Act of 1964 created protected classes (race, color, religion, sex, and national origin) that could not be discriminated against in employment actions. Later the Age Discrimination in Employment Act of 1967 came along to stop discriminatory employment decisions based upon age. Finally, the American with Disabilities Act of 1990 was enacted to stop discriminatory decisions against those with disabilities. A common theme in each of these laws is that they came along to fix a problem. None of these laws were preemptive but were the effect of years of discriminatory actions. But this is not the case with one of the most recent civil rights laws, The Genetic Information Nondiscrimination Act of 2008. Unlike these laws that have been mentioned so far, The Genetic Information Nondiscrimination Act of 2008, shortened as GINA, was passed in efforts to prevent discriminatory actions that had little history of occurring (Sarata & Feder, 2015). Instead, GINA was enacted out of fear that with improving gene related science, that an individual’s genetics may at some point be used to discriminate against them.
Inhaltsverzeichnis (Table of Contents)
- Introduction
- Legislative Background
- Genetic Privacy and Nondiscrimination Act of 1995
- Genetic Information Nondiscrimination in Health Insurance Act of 1996
- Genetic Fairness Act of 1996
- Genetic Nondiscrimination in Health Insurance and Employment Act (2003)
- Health Insurance Portability and Accountability Act of 1996
- Americans with Disabilities Act of 1990
- Affordable Care Act
- The Genetic Information Nondiscrimination Act (2008)
- Protected Classes
- Covered Entities
- Covered Practices
- Administrative Procedures
- Remedies
- Relevant Court Cases
- Implications for Practice
- Annotated Bibliography
- References
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This paper explores the Genetic Information Nondiscrimination Act of 2008 (GINA), a landmark piece of legislation aimed at preventing discrimination based on genetic information in both employment and health insurance.
- The legislative history of GINA, including its roots in earlier bills and related laws.
- The provisions of GINA, specifically focusing on its impact on employment practices and the protections it offers individuals.
- The implications of GINA for employers and its relevance to employee privacy.
- The potential for GINA to address discriminatory practices that were previously difficult to challenge.
Zusammenfassung der Kapitel (Chapter Summaries)
- Introduction: This chapter provides an overview of the historical context of discrimination in employment decisions and the evolution of civil rights laws in the United States. It introduces GINA as a preemptive measure to prevent potential genetic-based discrimination. The paper focuses on the impact of GINA on employment practices, specifically Title II, but discusses all three titles and their relevant definitions.
- Legislative Background: This chapter traces the legislative history of GINA, detailing the various bills passed by Congress prior to its enactment. It examines the scope and limitations of these earlier laws, including the Genetic Privacy and Nondiscrimination Act of 1995, the Genetic Information Nondiscrimination in Health Insurance Act of 1996, the Genetic Fairness Act of 1996, and the Genetic Nondiscrimination in Health Insurance and Employment Act of 2003. It also discusses the relevance of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Americans with Disabilities Act of 1990, and the Affordable Care Act to GINA's provisions.
- The Genetic Information Nondiscrimination Act (2008): This chapter delves into the provisions of GINA, outlining its aim to prohibit discrimination based on genetic information in both health insurance and employment. It discusses the structure of the law, with a focus on Title II, which pertains to employment practices.
- Protected Classes: This chapter discusses the categories of individuals protected under GINA, including those with genetic information that may be used to discriminate against them in employment or health insurance.
- Covered Entities: This chapter defines the types of entities that are subject to GINA's provisions, including employers, health insurance providers, and other relevant entities.
- Covered Practices: This chapter explains the specific practices prohibited by GINA, such as using genetic information for employment decisions, denying health insurance coverage, or increasing premiums based on genetic information.
- Administrative Procedures: This chapter outlines the administrative procedures for filing complaints and pursuing legal action under GINA.
- Remedies: This chapter details the remedies available for individuals who have been discriminated against based on genetic information.
Schlüsselwörter (Keywords)
The key themes and concepts explored in this paper include the Genetic Information Nondiscrimination Act of 2008 (GINA), genetic-based discrimination, employment practices, health insurance, civil rights, legislative history, protected classes, covered entities, covered practices, administrative procedures, remedies, and employee privacy.
- Arbeit zitieren
- Eli Dickinson (Autor:in), 2021, The Genetic Information Nondiscrimination Act of 2008, München, GRIN Verlag, https://www.grin.com/document/1194036
