Genetic Information Nondiscrimination Act Passed, Includes Altered Child Labor Violations Penalties
President signs Genetic Information Nondiscrimination Act of 2008 -- NEW LAW
On May 21, 2008, President Bush signed into law a landmark bill designed to protect personal genetic information from misuse by employers and insurance companies. The Genetic Information Nondiscrimination Act of 2008 (GINA) (H.R. 493 as amended) prohibits employers from using individuals' genetic information when making hiring, firing, job placement or promotion decisions. The new law makes it illegal for group health plans and health insurers to deny coverage to healthy individuals or charge them higher premiums based solely on a genetic predisposition to a disease. The purpose of the law is to encourage Americans to take advantage of genetic testing without fear of discrimination.
On May 1, 2008, the US House passed the bill by a vote of 414-1. The US Senate passed the measure on April 24, 2008, by a vote of 95-0.
"I want to thank the members of Congress who've joined us as I sign the Genetic Information Nondiscrimination Act, a piece of legislation which prohibits health insurers and employers from discriminating on the basis of genetic information. In other words, it protects our citizens from having genetic information misused, and this bill does so without undermining the basic premise of the insurance industry," the President remarked upon signing the bill.
"I also want to pay homage today to -- and not only to members of the Congress who are behind me, but also to Senator Ted Kennedy, who has worked for over a decade to get this piece of legislation to a President's desk. All of us are so pleased that Senator Kennedy has gone home, and our thoughts and prayers are with him and his family."
Genetic nondiscrimination measures have been pending in Congress for thirteen years. Congresswoman Louise Slaughter (D-NY), an author of the current bill, first introduced such legislation in 1995. The Senate in the 108th and 109th Congresses approved similar bills, but the current Congress (110th) is the first to pass a genetic nondiscrimination bill in both the House and Senate.
The employment discrimination provisions of GINA would protect those job-seekers and employees covered by Title VII of the Civil Rights Act of 1964 (i.e. those working for private employers with 15 or more employees) and specified federal government employees. GINA would provide for the same type of damages currently allowed under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act of 1990. The Act provides that the "disparate impact" theory of employment discrimination would not apply to the Act. However, it also requires that six years after its enactment, a Genetic Nondiscrimination Study Commission be established. The commission would be required to review the developing science of genetics and advise Congress on the advisability of providing for a disparate impact cause of action under this Act.
Fines for Child Labor Violations Altered with Enactment of GINA -- NEW LAW
The Genetic Information Nondiscrimination Act of 2008 (GINA) (H.R. 493), signed by President Bush on May 21, included provisions that alter civil penalties for child labor violations. As enacted, a $50,000 penalty may now be assessed with regard to each violation that causes the death or serious injury of any employee under the age of 18 years. This penalty may be doubled where the violation is a repeated or willful violation.
In determining the amount of any penalty, the amendment now provides that the appropriateness of the penalty to the size of the business of the person charged and the gravity of the violation will be considered.
The amendment made to Fair Labor Standards Act, Section 16(e) was effective with the President's signature.
Reprinted with permission. © CCH
<p>On May 21, 2008, President Bush signed into law a landmark bill designed to protect personal genetic information from misuse by employers and insurance companies.</p>
Genetic Information Nondiscrimination Act Passed, Includes Altered Child Labor Violations Penalties
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