brought many successful claims for
genetic discrimination, they have
Governments in other countries, such as the United States, Australia, France and the United Kingdom, have passed legislation to specifically address
genetic discrimination. Canadian law does have insurance and privacy legislation that seeks to limit improper access to or use of personal information, but Canada has no specific laws to protect against
genetic discrimination.
Anderlik, What is
Genetic Discrimination, and When and How Can It Be Prevented?, 3 GENETICS MED.
avenues for
genetic discrimination. Rothstein, supra note 44, at 563.
These groups have their own internal policies that protect against
genetic discrimination.
(63) Due to concerns of
genetic discrimination by employers and the insurance industry, Congress passed GINA in 2008.
Rothstein, GINA, the ADA, and
Genetic Discrimination in Employment, 36 J.L.
Rich & Julian Ziegler,
Genetic Discrimination in Health Insurance--Comprehensive Legal Solutions for a (Not so) Special Problem?, 2 IND.
Privacy concerns and fears of
genetic discrimination fueled congressional passage of the Genetic Information Nondiscrimination Act of 2008, which prohibits health insurers and employers from canceling or denying coverage or increasing premiums because of a person's genetic risk of developing a certain disease.
* Review and revise applicable handbook policies and procedures to make it clear that
genetic discrimination is prohibited by GINA and that genetic information should neither be requested nor collected
Examples of
genetic discrimination are both apocryphal and anecdotal.
Yet, when you look at the laws that are being rushed into place to prevent
genetic discrimination and you read in the book about court cases that relate to this very issue, the fiction part doesn't seem to fit.