As genetic tests become more readily available, the potential grows for discrimination against people based on their genetic information. For example, It is possoble that a woman's insurance company may deny her coverage after she is discovered to have a genetic disposition towards breast cancer, even though she shows no symptoms of the disease.
There have been a number of documented cases of people or their relatives who have lost jobs or insurance coverage based on reported genetic "abnormalities." This issue is addressed by policy-making bodies at various levels of government:
- Federal legislation
The first federal law to address issues relating to genetic discrimination was the Health Insurance Portability and Accountability Act (HIPAA) of 1996. On April 25, 2007, the U.S. House of Representatives passed the Genetic Information Non-Discrimination Act (GINA) by a vote of 420-3. GINA would prohibit discrimination based on genetic information by health insurers and employers. A companion bill is awaiting a vote in the U.S. Senate. Text of the House of Representatives version and the Senate version is available. Learn more about this legislation at the National Human Genome Research Institute's (NHGRI) Web site. A summary of federal law, state statutes, and legislation is contained in a Congressional Research Service Report for Congress (updated March 11, 2005) entitled "Genetic Information: Legal Issues Relating to Discrimination and Privacy."
- State legislation
The NHGRI Web site provides a database of current state legislation relating to health insurance and employment discrimination as well as summaries and links to foreign laws and reports on issues of genetics.
The Council for Responsible Genetics (CRG) provides a resource that summarizes state legislation on genetic discrimination in all areas of insurance as well as employment.
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Executive order
In February 2000, President Clinton banned genetic discrimination when he issued Executive Order 13145 to Prohibit Discrimination in Federal Employment Based on Genetic Information. The Executive Order prohibits discrimination against any federal employee based on protected genetic information, or information about a request for or the receipt of genetic services.
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