What is the Genetic Information Nondiscrimination Act (GINA)?

The Genetic Information Nondiscrimination Act (GINA) is a law passed in the United States that prohibits employers from discriminating against employees or applicants based on their genetic information. This law is intended to protect individuals from discriminatory practices related to use of their genetic information. In Texas, GINA applies to employers with 15 or more employees. GINA prohibits employers from using genetic information when making decisions about hiring, firing, promoting, or setting compensation and benefits. It also prohibits employers from requesting, requiring, or purchasing genetic information from employees or applicants, and from disclosing genetic information. Further, employers are forbidden to use genetic information in making decisions concerning training, harassment, and other terms and conditions of employment. GINA does not protect employees from discrimination based on their disabilities. However, it does protect employees from discrimination based on their genetic information. For example, employers cannot use genetic testing to determine an individual’s predisposition to a particular disease or condition in order to make a decision regarding their employment. Overall, the Genetic Information Nondiscrimination Act exists to protect individuals in Texas from discriminatory practices related to use of their genetic information. Employers must comply with GINA to ensure they are not discriminating against employees or applicants.

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