Genetic Information Nondiscrimination Act Expected to Become Law

On April 24, 2008, the Senate unanimously passed the Genetic Information Nondiscrimination Act.  The proposed legislation travels to the House next week for approval.  The House is expected to pass the legislation and President Bush is expected to sign the bill into law.

The bill applies to employers, employment agencies and labor unions by prohibiting discrimination against applicants or employees based on their genetic information.  Specifically, the bill prohibits:

1. Discrimination in employment decisions, including discharge, refusal to hire, compensation, etc., based on the employee's genetic information.
2. Collecting employees' genetic information except in very limited circumstances.
3. Employers from disclosing employees' genetic information, only providing for disclosure to the employee or through another controlled environment.  

The bill also forbids group health plans and health insurance issuers from discriminating against individuals based on genetic information and prohibits health plans and insurers from requesting or requiring genetic testing.

Frank Swain, a partner in the D.C. office of Baker & Daniels,   was very involved in negotiations which led to enactment of the bill.