We are talking health news this morning. A new Federal law is now in full effect.
It protects you from discrimination in the workplace because of DNA information.
Dr. Sapna Parikh joins us with more. Doctor?
Dr. Sapna Parikh:
Good morning. Every time we have advances in medicine, we have new problems that are created. So now we have genetic testing that caN tell you if you are at risk for breast cancer or Alzheimer's disease.
But one concern is what would happen if your employer found out. Could you get fired, for example? So there is a new law now that is making that information off-limits.
Camera switches to the kitchen of Jackie Ko.
Jackie Ko:
Momma, you want to hand me a pie so I can bake these greens?
Dr. Parikh:
Jackie Ko has been eating healthy foods since being diagnosed with breast cancer a year ago.
She is in remission, and so is her mother who has also battled breast cancer.
They are both concerned that future generations may have the same genetic link.
But both women say they are thankful for GINA.
GINA is not a family member or even a person. It is actually an antidiscrimination law, that stands for the Genentic Information Nondiscrimination Act.
It was signed by President W. Bush in 2008, but just recently went into effect.
The new law stops employers and health insurance companies from discriminating against people who have undergone genetic testing where results show a risk for disease.
Russel Gulley is an attorney who specializes in corporate insurance and benefit plans.
Now, genetic testing data can no longer be used against you.
Mr. Gulley:
If an employee has a genetic disposition to cancer, then the employer cannot take that into account in setting premiums for its group health plan coverage.
Dr. Parikh:
GINA is designed to encourage genetic testing for disease and to provide people with peace of mind that there won't be a backlash if an employer ever sees something in the test results that makes them nervous.
Jackie Ko:
They may not do it intentionally, but subconsciously, when they know what is going on with you, they may think you may not be physically able to do your position or to do the responsibilities of your job.
Dr. Parikh:
Now, thanks to GINA, employers cannot ask for genetic test results when making decisions about hiring, firing or promotions.
Jackie says that eases her mind, knowing that her kids will not face discrimination because of her cancer.
Jackie Ko:
... to know that they will be treated fairly and not treated differently.
Dr. Parikh:
And here is how this new law works. If you think you are facing discrimination at work because of information from a genetic test, you have to report that to the EEOC, the Equal Employment Opportunity Commission. They evaluate it, and that is where the legal process begins.
That is the same way that the Civil Rights Act and the Disability Act are both enforced. If you have an issue, you have to bring it forward.
FOX Anchorwoman:
Yeah, I had friends who took a test. They were concerned that their employer would find out. They weren't concerned about getting fired, but they were concerned about looking different in the workplace. Also, they were concerned about their health insurance, because this is now a pre-existing condition.
FOX Anchorman:
Meanwhile, we still put those 911 tapes on the air, all the time, about all sorts of secret health issues. You know what I mean?
When law enforcement releases 911 tapes of people like Tiger Woods' sister-in-law worried about her mother, isn't that confidential health information?
FOX Anchorwoman:
I don't think so. When you call 911, it becomes public record.
Dr. Parikh:
Yeah, there are all these little nuances.
FOX Anchorwoman:
Well, the good part is that there is now a federal law that protects you.
The President just signed into law the GENETIC INFORMATION NONDISCRIMINATION ACT. It provides vital protection for Americans against the misuse of genetic test-results by health insurers and employers.
