tag:blogger.com,1999:blog-20636240.post7572741482708712896..comments2009-10-07T17:51:57.176-04:00Comments on Work/Life/Law 3.0: G.I.N.A. passed in the SenateProfessor Prenkerthttp://www.blogger.com/profile/16376139737429352787noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-20636240.post-41046626777365636512008-04-29T12:38:00.000-04:002008-04-29T12:38:00.000-04:00Good point, Stephanie: GINA does not, in fact, tak...Good point, Stephanie: GINA does not, in fact, take privacy into consideration. However, remember that employer genetic testing is by no means the only venue for attaining genetic information. In fact, the prerogative relies mostly on individuals whom already have a genetic predisposition or defect to get the testing done. Therefore, as these individuals try to manage their medical and genetic ailments, they have addendums put into their medical profiles, or personal records, regarding their situations. Thus, should extra steps be taken to ensure that the privacy of such information is upheld to a higher degree than mere physical records, as it could give insight to a number of work-related factors? How can new (or old) legislation account for this? Seeing as employers have already gotten in trouble for genetic testing and discriminating on the results thereafter (EEOC v. BNSF - link below) by violating the ADA, the forced testing and consequent discrimination is unlawful in America (before GINA...remember that it isn't an actual Act, yet). That doesn't mean, however, that employers, insurers, and 3rd parties don't have access to the information. As you state, since employers have no reason to perform the test, privacy is less invaded. However, that still means that privacy can be, in fact, invaded. Should genetic information be a more protected realm of medical information under the HIPAA, or should we just rely on the fact that the potential for harm is frowned upon by nondiscrimination law. It's an interesting stage in genetic information law, that's for sure. Thoughts?<BR/><BR/>Here's the link to EEOC v. BNSF: <BR/>http://www.eeoc.gov/press/4-18-01.html<BR/><BR/>And some information on the HIPAA:<BR/>http://www.privacyrights.org/fs/fs8a-hipaa.htmVic Simianuhttps://www.blogger.com/profile/12299175451232031137noreply@blogger.comtag:blogger.com,1999:blog-20636240.post-58736364121872218502008-04-28T00:06:00.000-04:002008-04-28T00:06:00.000-04:00The passing of this act in the Senate is a relief ...The passing of this act in the Senate is a relief to me. My major written assignment was about pre-hire privacy rights and this is where a learned about genetic testing. Genetic testing not only is an immense invasion of privacy, it also allows employers to discriminate based on uncontrollable factors. Before the Genetic Information Nondiscrimination Act, the laws were shifted towards employers being able to gain information on employees and less towards the privacy or employees. While the law only protects against discrimination and has little to do with privacy, it is unlikely that if passed, the employer would have any incentive to perform genetic testing in the first place. With no reason to perform the tests, privacy is preserved. With the law protecting from discrimination and with it resulting in less privacy invasion, it is a win win for employees.Stephanie Grohovskyhttps://www.blogger.com/profile/01192613030179322689noreply@blogger.com