WASHINGTON, DC-- The recent US Equal Employment Opportunity Commission press release, “Historic Genetic Information Nondiscrimination Act Takes Effect”, explains the EEOC’s enforcement role and responsibilities under Title II of the Genetic Information Nondiscrimination Act (GINA), marking the first legislative expansion of EEOC jurisdiction since the Americans with Disabilities Act (ADA) was passed in 1990.
GINA has critical implications for people with genetically-determined disabilities and people with family histories of genetic conditions. In particular, according to the EEOC, "an employer may never use genetic information to make an employment decision because genetic information doesn't tell the employer anything about someone's current ability to work."
The US EEOC website has a number of other disability-related features and information, too. For information on “Pandemic Preparedness (H1N1) in the Workplace and the Americans with Disabilities Act, please visit: http://www.eeoc.gov/facts/pandemic_flu.html. For full text of The Americans with Disabilities Act Amendments Act of 2008 and the EEOC Notice of Proposed Rule Making, visit: http://www.eeoc.gov/laws/statutes/adaaa_info.cfm. And, of particular interest to families and friends of people with significant disabilities who have care giving responsibilities, “Employer Best Practices for Workers with Caregiving Responsibilities”, at http://www.eeoc.gov/policy/docs/caregiver-best-practices.html provides general and area-specific guidance and recommendations for employers.
21 comments:
This is a great advancement for people with disabilities because it will allow them equal access and oppourtunitie to obtain jobs without the employeer having to make a decision based on genetic condition. It is a very good way in allowing these individuals to go into the community without biased perceptions based on clinical records. However, it is very astonishing that since ADA 1990 was passed no other laws have been established until GINA, which would make almost twenty-years from when ADA was passed. Now, trying to implement GINA is going to have to be a big priority because it took may people a long time to implement ADA 1990, of which many people are still unaware of, so trying to implement GINA will also face many difficulty. Thus, conluding that we should advocate and inform other individuals, in order to help GINA establish itself.
Nancy Lozano
I have to confess that I had never heard about someone being discriminated because of his/her genetic information. Actually I had recently watched “Gattaca”, a sci-fi movie that addresses the issue of genetic discrimination. I thought that reality was not that far from what happened in the movie, but I did not think that we are already facing those kinds of genetic issues. I am relatively new in the field of disability and this kind of news makes realize not only about the complexity of the field but also that I need to explore it in a deeper way to better understand it.
I. Corbi
I never would have thought of discrimination against people using genetic information. It seems surreal at times that laws like these have to be drawn out specifically prohibiting discrimination using particular information. I'm sure that employers do fail to hire and fire employees on the basis of genetic information but I do doubt that when explaining their reasons, this one is not among them. I wonder how many people have been discriminated against on the basis of genetic information without knowing so? It's great that measures, to whatever extent, are taken to ensure that people with and without disabilities are given a fair play in acquiring and maintaining a job. But how is the efficiency of this title measured?-Eliana M.
This is a very interesting piece of legislation. It does a great justice to individuals who would be discriminated against for the sole purpose that the had some type of genetic disability. I feel this will make leaps and bounds into the correct direction for improving the ADA.
Ana R.
I guess I am not the only one that has never heard or thought this was being done. However, it sounds non sense, surreal, I don’t even know how to describe this act. Why does this information reveal or describe the job related abilities an employee has. Furthermore, these are great news, to read that something is being done. People with genetically determined disabilities and people with family history of genetic condition will no longer be discriminated when looking for a job or maintaining a job. Nevertheless, it did surprised me the fact that Genetic Information Nondiscriminatory Act (GINA), was the fist legislative expansion of the US Equal Employment Opportunity Commission (EEOC) after 1990 when the Americans with Disability Act (ADA) was passed.
Gabriela L.
I guess I am not the only one that has never heard or thought this was being done. However, it sounds non sense, surreal, I don’t even know how to describe this act. Why does this information reveal or describe the job related abilities an employee has. Furthermore, these are great news, to read that something is being done. People with genetically determined disabilities and people with family history of genetic condition will no longer be discriminated when looking for a job or maintaining a job. Nevertheless, it did surprised me the fact that Genetic Information Nondiscriminatory Act (GINA), was the fist legislative expansion of the US Equal Employment Opportunity Commission (EEOC) after 1990 when the Americans with Disability Act (ADA) was passed.
Gabriela L.
I'm glad to hear that this act has been taken into effect. Like a lot of other people out there, I was also unaware that individuals out there were being discriminated against on the basis of their genetic information. It is pretty unbelievable the things that society will look at and unfortunately, sometimes discriminate against. Even though this might have been occurring for some time now, it is good that legislation like this is being passed in order to protect all individuals from this type of discrimination. It is just one step closer to eliminating all types of discrimination in out society.
Wow finally something was done about this. I think this is a great legislation that forces employers to think more before they act. I read this to my husband earlier, and I had quite a good time explaining why this legislation was needed in america.
I really didn’t have an idea that people were being discriminated because of genetic information, this is very new to me I did not know that employers could use genetic information to make an employment decision. I think that this implementation is great because it is true that genetic information does not tell an employer anything about someone’s ability to work. With this implementation people with and without disabilities have the say rights and will not be discriminated because of genetic information.
Blanca Perez
I can't believe this is the first piece of legislation expansion of the EEOC jurisdiction since the ADA. That has been almost twenty years ago. I appreciate the strides the foundation that it lays for people with disabilities and toward equality. I think it is essential that our workforce does not discriminate based on the genetic information they receive because it has no bearing on individual's ability to work. As long as the next stride toward equality doesn't come another twenty years from now, I think it is safe to say that we are definitely moving in the right direction.
Maggie Ybarra
REHS 6345
The J.Lodge Corporation, a quality call services company, has sustained profitability since 1999 and accredits its success solely to its unique employee model that consists of disabled business Americans. J.Lodge is striving to provide work from home part-time careers for disabled Ticket to work holders. Currently, J.Lodge is expanding and accepting applications for those individuals who are interested in our company and who qualify for our positions. If anyone is interested, please visit: http://www.jlodge.com/careers and apply online
If unsure how to obtain your “ticket to work” you can contact Maximus at 866-968-7842 or www.mytickettowork.com. (Maximus is the group authorized by Social Security Disability for Ticket to Work Program) Any questions? Feel free to contact us!
Individuals who are interested in our company and who qualify for our positions. If anyone is interested, please visit: http://www.jlodge.com/careers and apply online
If unsure how to obtain your “ticket to work” you can contact Maximus at 866-968-7842 or www.mytickettowork.com. (Maximus is the group authorized by Social Security Disability for Ticket to Work Program) Any questions? Feel free to contact us!
That sounds horrible, I would have never thought that somebody would even consider not giving an individual a job because of their genetic background. However, I am glad that this law was passed because I'm sure if this law was passed this kind of case has occurred. Discrimination based on genetic background as reason to not hire or fire sounds just almost as if we're living in some sort of unreal world. That is something you in see happen in a science fiction movie.
-Bibiana Medina
This only adds to making this nation an even better and more 'equal' place to live! Never would I thought that an employer could discriminate against hiring someone with a genetic determined disability or because of their genetic material in general. Some employers must not be up to no good having gone that far in judging someone's genetic stance for employment! Who does that! Even though this marks another success in the field of rehabilitation, we, the future counselors/rehab professionals, will need to be informed about GINA and begin to inform our clients, familiies and peers about GINA as well so that it makes a good and solid establishment. Unfortunately, just like the ADA, there will probably be someone out there who will break this law or try to find some loop hole around it. We will be responsible for keeping up with this and advocating for these and all other individuals with and without disabilities who are discriminated on a day to day basis.
Heather Bocanegra
Its amazing how employers are trying to find any little thing to prevent them PWD from getting hired. Looking into Genetics is ridiculous to discriminate someone with a disability. Miguel Garza
This is so interesting! I was anaware that discrimination based on genetic disability. It is amazing the extent to which discrimination can be applied. I think that the Genetic Information Nondiscrimination Act is really doing something helpful for people with disabilities. I absolutely agree that genetic information does not determine the quality or effectiveness in employment of people with disablities. Even though there is several legislation that support employemtn for people with disabilities and establish rights for them in the workplace and employment, there is a difficult perception to overcome about people with disabilities being able to work. I find it relieving that at the time a certian type of discrimination evolves, so does a new movement of rights protection.
-Leivy S. Resendiz
This is an awesome piece of legislation; I never imagined anyone being discriminated based on genetic information, sounds unreal. An individual’s genetic information does not affect how an individual thinks and works in life, therefore should not be discriminated.
Ruby Quesada
This piece of legislation is a very important for people with disabilities. I think it is very important that no genetic information can be used to base a decision on any type of employmennt. With several congitinal diseases that disable people it is important that no employer make genetic decisions because of medical purposes. It has been a long time comming for something like this to be passed. I am glad to see that our goverment is making advancements. I hope to see more steps are made to advance the movement that started with the ADA.
Eddie REyes
I was not sure about what GINA really meant... And I am please to find out that people can not be discriminated against based on their genetic components...I find the rehab field more interesting every day. Thinking about a person not being able to get a job because he or she carries some type of genes in insane!! Imagine if people in charge start genetically screening each of us before joining the field of professional rehab?? How many of us would come out "clean"? and who are we to decide the job and livelihood of a person only based on a genetic test??
Leila
In today’s technology many new things are rising like the ability to map the person’s DNA and had to tell what kind of genetic anomalies there might be. The genetic information nondiscrimination act is very important because it allows for individuals to gain employment without fear of being discriminated against because of their disability or a genetic abnormality that may or may not result in a disability. With technology increasing every day we will be able to tell if a person will be born with a disability or not, this opens up many problems when it comes to confidentiality and discrimination against people who have these genetic abnormalities. As advocates for people with disabilities and for the rights of people with disabilities it is our calling to protect equal opportunity for every individual. The need is very great become individuals who do not understand disabilities blindly discriminate against individuals with disabilities because they are not educated or they choose not to understand.
What times we are living in today, after such strides with ADA to now be at a point where people have to be told they cannot discriminate against something in our genes is both scary and progressive at the same time. I have a hard time understanding GINA, but for everything there is a landmark case and I am sure this is no different. I can see this happening if an employer knows an employee's family member has a condition and they may think the employee will develop the condition as well and they would want to fire that person before it happened. It is sad that Genetic Information Nondiscrimination Act is necessary, but employees often have to put up with some very stressful situations with their employers and this is one base that is covered just in case.
Cindy V.
In one way it makes me happy to learn that people with disabilities have another legislation to protect them, but on the other hand, it makes me sad to think that there has to be a reform to the ADA to protect people with any different kind of disability. I thought that the protection laws for PWD was already clear, for any type, “all disabilities”. Why does there have to be a reform to protect people with genetically determined disabilities? Didn’t they suppose to be included already in ADA legislation? It seems to me that the PWD have to fight for their rights all over again, all the time. When is there going to be an end for the “shortcuts” in the laws that left out a few type of disabilities?
L.M.Lastra
Post a Comment