Patricia Alten, Gina: A Genetic Information Nondiscrimination Solution in Search of a Problem

61 Fla. L. Rev. 379 (2009) | | | |

ABSTRACT :: “Genetic discrimination is unfair to workers and their families. It is unjustified-among other reasons, because it involves little more than medical speculation. A genetic predisposition toward cancer or heart disease does not mean the condition will develop. To address the potential use of genetic information by employers to discriminate against employees, Congress enacted the Genetic Information Nondiscrimination Act of 2008 (GINA). This Note proposes the need for modifications to GINA before it is effective in late 2009. In its current state, the provisions relating to employers are overly broad and could catch many employers in unknowing violations. Although GINA prohibits employment discrimination, it does not cover all of America’s workers and may be inherently unfair when applied to those it does cover.

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