The Loopholes in the Law Prohibiting Genetic Discrimination

When the Genetic Information Nondiscrimination Act passed in 2008, supporters hailed it as the “first major civil-rights bill of the century.” GINA was unusually forward-looking; it protected against a form of discrimination that was not yet common. Under the law, employers and health insurance companies could not request genetic test results and discriminate based upon them.

Now a Republican-backed bill in the House that clarifies GINA rules as part of healthcare repeal-and-replace has kicked up a controversy. says that parts of GINA do not apply to workplace. If a company’s wellness program includes genetic tests to identify health risks—as —then employees who refuse the tests may pay hundreds or thousands more per year than their colleagues.