Attorney Answers Questions About Genetic Testing Law

Questions and Answers with Paul A. Ross

McAfee & Taft employment law attorney Paul Ross was interviewed for an Oklahoman feature about new discrimination protection recently signed into law called the Genetic Information Nondiscrimination Act (GINA).

"GINA prohibits employers from requiring genetic testing, collecting genetic information, or discriminating against applicants or employees because of genetic information," Ross said. "Second, it prohibits health insurers from affecting enrollment or premiums for health insurance on the basis of genetic information."

Rather than addressing any current problem with genetic discrimination, it appears the law is actually proactive, Ross said. "As the health benefits of genetic testing and other services become clearer, Congress sought to alleviate any fears that such information may negatively affect a person's livelihood."

Ross said the law requires the Equal Employment Opportunity Commission to issue final regulations within the next year. "As those regulations become available, we will know more about our obligations as employers."