GINA UNDER TRIAL

The Genetic Information Nondiscrimation Act Is Tested

The NYT recently wrote an article about Pam Fink from Connecticut who alleges she was fired for genetic discrimination of having a predisposition for breast cancer. The article states that there has been already 80 complaints filed under the new law, GINA, (the Genetic Information Nondiscrimination Act of 2008) which prohibits such discrimination.

The toubling fact of the matter, however, is that there has been no reports stating that any of the 80 complaints have been successful using GINA to protect against genetic discrimination.

“Peggy R. Mastroianni, the commission’s associate legal counsel, said most of the 80 complaints filed since the genetic law took effect five months ago seemed to involve cases in which employers had improperly acquired or disclosed genetic information. But Ms. Fink’s case alleges a more serious offense: an improper firing because of it.”

Let us hope that Ms. Fink is successful. But GINA is a weak law making the probability slim. If she does win, it will make GINA stronger and help protect others against genetic discrimination.

See the NYT article here: http://www.nytimes.com/2010/05/01/us/01gene.html?scp=1&sq=ex-worker%20says%20her%20firing&st=cse