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Steven H. Schwartz & Associates, P.L.C.

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Genetic Information

Schipper | 29 August, 2008 12:17

The recently enacted federal Genetic Information Nondiscrimination Act of 2008 ("GINA") will become effective November 21, 2009. GINA will broadly prohibit discrimination on the basis of genetic information in employment and health insurance. GINA will also amend the Fair Labor Standards Act concerning child labor, increasing penalties for such violations.


GINA will likewise amend existing statutes, including Title VII of the Civil Rights Act, Health Insurance Portability and Accountability Act ("HIPAA"), the Employee Retirement Income Security Act ("ERISA"), and the Internal Revenue Code. The term "Genetic Information" will include an individual's genetic tests, the genetic tests of the individual's family members, and the manifestation of a disease or disorder in a family member. A "Family Member" is defined to include an individual's spouse or dependent child by birth or adoption, and certain other relatives of such individual, individual's spouse or dependent child.

The enforcement scheme and penalties for violation will be similar to the existing amended statutes. Additional guidance from the enforcing agencies will be forth coming.

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