What is the Origin of GINA Title II Exceptions?

GINA was enacted to address public fear that genetic testing advancements would lead to widespread discrimination in health insurance and employment. Title II specifically addresses the employment sector, and the exceptions were included to allow for the operation of voluntary health programs, which are often central to corporate wellness initiatives.

What is the Mechanism of GINA Title II Exceptions?

The exceptions function by balancing the employee's right to privacy and non-discrimination with the employer's ability to offer health-related benefits and programs. Key mechanisms require the genetic information to be collected voluntarily, the individual results to be kept confidential and separate from personnel files, and the data to be used only for the purpose of the voluntary program, thereby safeguarding the employee from discriminatory use.

GINA Title II Exceptions ∞ Area

GINA Title II Exceptions

Meaning

Specific provisions within Title II of the Genetic Information Nondiscrimination Act (GINA) of 2008 that outline circumstances under which an employer may lawfully obtain or use an employee’s genetic information without violating the non-discrimination mandate. Title II generally prohibits employers from using genetic information in employment decisions, including hiring, firing, and promotions. The exceptions permit the acquisition of genetic data in specific, voluntary scenarios, such as participation in a bona fide wellness program or for legally mandated health services.