The Genetic Information Nondiscrimination Act Of 2008 ( Gina )

   The Human Genome Project is the largest scientific endeavor undertaken since the Manhattan Project, and, as with the Manhattan Project, the completion of the Human Genome Project has brought to surface many moral and ethical issues concerning the use of the knowledge gained from the project. Although genetic tests for certain diseases have been available for 15 years (Ridley, 1999), the completion of the Human Genome Project will certainly lead to an exponential increase in the number of genetic tests available. Therefore, before genetic testing becomes a routine part of a visit to a doctor's office, the two main questions at the heart of the controversy surrounding genetic testing must be

Employers that base employment decisions, including hiring and promotion, on protected class characteristics are engaging in disparate treatment. When they do so overtly and argue that it is necessary to limit a particular type of employment to people with specific protected class characteristics, this type of disparate treatment is termed a facially discriminator policy or practice. An important, but limited, defense is available to employers that adopt facially discriminatory requirement is legal. If an employer can show that a particular protected class characteristic is a bona fide occupational qualification (BFOQ) for the job in question, the facially discriminatory requirement is legal. According to the Title VII of the Civil Right Act,

The genetic information nondiscrimination act of 2008 protects people from losing their health insurance or employment due to genetic discrimination. The health insurance and portability act of 1966 (HIPAA) aids in prohibiting health insurers from being involved with genetic discrimination. States that publishing personal information will result in fines up to $250,000 and up to 10 years in jail.

Genetic profiling is a contemporary issue relating to the individual and technology which restricts access to unbiased decisions and privacy. Genetic profiling interferes with the individuals bodily, genetic and behavioural privacy, as it can be used for the benefit of identifying bodies to using the results of a DNA test to choose whether to employ one individual over another, due to future concerns. It can easily be argued that genetic profiling is in the need of law reform as a result of legal implications and the lack of individual’s rights.

This law protects many people from discrimination and it means that people should not be at a disadvantage or mistreated at work or in society just because of their age, sex, sexuality, religion or belief, race, disability or any other things which can also be known as ‘protected characteristics’.

Title VII applies to state and local governments with 15 or more employees and also applies to employment agencies and labor organizations including our federal government. Based on Title VII employment opportunities cannot be denied to any person based upon their race or perceived race or because of their marriage or association with a person or persons of a particular color or race. Title VII also prohibits employment decisions based on stereotypes and assumptions pertaining to the abilities, traits, or the performance of persons from certain racial groups. Title VII makes it unlawful to discriminate when recruiting, hiring, and promoting, transferring, also work assignments, performance measurements, the work environment, job training, discipline and discharge this also includes wages and benefits, and anything else including condition and the privilege of employment. Title VII not only prohibits intentional discrimination, it also covers neutral job policies that disproportionately affect any person of a certain race, color, nationality that are not related to the job and the needs of the

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on : Race, Color, Sex, Religion, and National Origin with respect to employment. “Specifically, it states that it shall be an unlawful employment practice for an employer” (Dressler, 2015, p. 28). “It established the concept of protected classes; those individuals who are protected from discrimination by the legal system. It prohibits discrimination in all employment practices. Title VII makes it unlawful to limit or classify employees in any way that deprives them of employment opportunities or hampers their career progression when that classification is based on their protected status” (SHRM). Title VII also established the EEOC Commission (EEOC) and applies to employers with 15 or more employees and most labor unions.

The benefits of genetic science for society is for employers who want to know if their employers are in excellent working condition and if the worker will cause them more money when obtaining health insurance. If an employer hires someone that that is healthy then the cost of health insurance does not rise and the employee will not have to downgrade their health insurance plan so that they can accommodate the employee that is not healthy. The limitations of genetic science for society are the possibility of genetic testing causing safety issues at work, the development of a genetic low class, the breach of privilege and confidentiality, and the utilization of genetic bias to excuse different methods of discrimination (Krumm, 2002).

Genetic testing has brought about many changes in the way many couples look at conceiving and raising families. Through genetic testing you are able to screen for the increased chance that a fetus may have one of many congenital disorders, or even identify gene changes that are responsible for a disease that has already been diagnosed (Genetic Testing, March 2015). Unfortunately genetic testing is not always exact, in some cases giving parents false negatives or false positive results. Even if the results are accurate, there is the burden of knowledge once you know the results indicate a genetic abnormality such as Down’s syndrome. While caring for a 2 year old male patient with developmental delays and anotia, I learned that genetic testing had been started but never completed on the child. Genetic testing could help to identify genetic disorders that led to the child’s developmental delays and possible future disorders that may develop. The ethical dilemma I will be discussing to the ANA Ethical dilemma of the impact of informed consent of genetic testing on children for adult onset diseases and disorders.

2008 - The Genetic Information Nondiscrimination Act (GINA) - prohibits insurances to discriminate against genetic makeup

In week 6, I will be discussing the Americans with Disabilities Act. Secondly, I will discuss applications to hiring health care providers and how to establish reasonable accommodations. In my review of case EEOC v. Sears, Roebuck & Co., I will discover my findings in the American with Disabilities Act and what it entails. In conclusion, I will discuss my overall discoveries and what was important.

The Disability Discrimination Act 2005- this act makes it unlawful to discriminate on grounds of sex, marital status or gender reassignment. It applies when recruiting and when deciding term and conditions that should be offered to an employee as well as when decisions are made about who should be promoted, transferred or receive training.

Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin (2009).

Title VII states that an employee cannot be treated differently because of sex unless sex is a bona fide occupational qualification (BFOQ). When used as a defense, bona fide occupational qualification (BFOQ) allows an organization to hire and employ individuals on the basis of the qualifications reasonably necessary to the normal operation of that particular business or enterprise. This paper will discuss the necessary steps employers must take in order to justify using sex as a discriminator when hiring employees and review some known cases where BFOQ was used as a defense.

The fear of genetic discrimination is a phobia gripping many people around the world. People find themselves asking, could my genetic information raise my health bills? Could this cause me to be rejected from a job opportunity? These anxieties are causing people to lash out at genetic research, and ultimately the human genome project. People do not want our understanding of human genomics to advance. This is because the risks of the development of the technology could inflict on them. A major risk is genetic discrimination. I believe that genetic discrimination is wrong and governments should continue to prevent it because it is an invasion of privacy, it violates equity, and it could really hurt people with genetic