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When does GINA not apply?

The Genetic Information Nondiscrimination Act was enacted to protect Americans from any kind of discrimination they might face based on their genetic information from either health insurance providers or employers (Title I and Title II protections, respectively).

GINA has proven to be an invaluable tool for employees to counter potential genetic information-based discrimination in the workplace. Despite these advances in protecting the rights of workers, there are some situations in which the GINA protections do not apply to workers or insurance holders.

 

GINA regulations do not apply to employers who maintain fewer than 15 employees at a time, nor do the protections extend to those serving in any branch of the United States military. Those who carry insurance provided by the TRICARE military health care system, the Veteran's Health Administration, The Federal Employees Health Benefits Program, or the Indian Health service are also not extended protections through GINA.

Gina is also unable to extend its protections to long-term-care insurance plans, or life or disability insurance plans; however, there are other laws and provisions which do offer similar protections against genetic information discrimination.

Individuals who believe that they are the target of discrimination on account of their genetic information is entitled to have their rights protected. As genetic information availability becomes more and more widespread, the opportunities for genetic information discrimination increase exponentially. The representation of an experienced workplace discrimination attorney can help you pursue restitution for any damages you may have suffered and ensure you are treated fairly and equitably in the workplace.

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