If this is your first visit, be sure to check out the FAQ in HCMA Announcements. You may have to register before you can post: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Your Participation in this message board is strictly voluntary. Information and comments on the message board do not necessarily reflect the feelings, opinions, or positions of the Hypertrophic Cardiomyopathy Association. At no time should participants to this board substitute information within for individual medical advice. The Hypertrophic Cardiomyopathy Association shall not be liable for any information provided herein. All participants in this board should conduct themselves in a professional and respectful manner. Failure to do so will result in suspension or termination. The moderators of the message board working with the HCMA will be responsible for notifying participants if they have violated the rules of conduct for the board. Moderators or HCMA staff may edit any post to ensure it conforms with the rules of the board or may delete it. This community is welcoming to all those with HCM we ask that you remember each user comes to the board with information and a point of view that may differ from that which you hold, respect is critical, please post respectfully. Thank you

Announcement

Collapse
No announcement yet.

Genetics laws state by state

Collapse

About the Author

Collapse

Lisa Salberg Find out more about Lisa Salberg
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Genetics laws state by state

    For a state by state break down of how genetic information can be used for insurance related matters see the link below

    http://www.ncsl.org/programs/health/...s/ndishlth.htm
    Knowledge is power ... Stay informed!
    YOU can make a difference - all you have to do is try!

    Dx age 12 current age 46 and counting!
    lost: 5 family members to HCM (SCD, Stroke, CHF)
    Others diagnosed living with HCM (or gene +) include - daughter, niece, nephew, cousin, sister and many many friends!
    Therapy - ICD (implanted 97, 01, 04 and 11, medication
    Currently not obstructed
    Complications - unnecessary pacemaker and stroke (unrelated to each other)

  • #2
    Genetic Nondiscrimination Laws in Employment
    This was written about 2 years ago - some laws have changed since then.

    By Joseph J. Wang
    [email protected]

    Both federal and state laws protect individuals from genetic discrimination in the workplace. At the federal level, the Americans with Disability Act (ADA) prohibits discrimination in employment on the basis of disability. The U.S. Equal Employment Opportunity Commission (EEOC) is charged with enforcing workplace laws including the ADA. The following case illustrates how federal law works to protect employees from genetic discrimination.

    On February 9, 2001, the EEOC filed its first lawsuit challenging genetic testing. It petitioned in federal district court to enjoin Burlington Northern Santa Fe Railroad, a Texas-based railroad, from engaging in genetic testing of its employees who had submitted claims of work-related carpal tunnel syndrome. The EEOC alleged that workers were not told of the genetic tests, nor did they consent to such testing. At least one worker refused to provide a blood sample based on his suspicions of genetic testing and was threatened with immediate discharge.

    The EEOC takes the position that the railroad’s actions violated the ADA and that "employers may only require employees to submit to any medical examination if those examinations are job related and consistent with business necessity. Any test which purports to predict future disabilities, whether or not it is accurate, is unlikely to be relevant to the employee’s present ability to perform his or her job." See http://www.eeoc.gov/press/2-9-01-c.html.

    On April 19, 2001, the EEOC announced that it had settled its case against the railroad. As part of the agreement, the railroad will not: directly or indirectly require its employees to submit blood for genetic tests; analyze any blood previously obtained; evaluate, analyze or consider any gene test analysis previously performed on any of its employees; or retaliate or threaten to take any adverse action against any person who opposed the genetic testing or who participated in EEOC proceedings. See http://www.eeoc.gov/press/4-18-01.html.

    In addition to the ADA, federal law "prohibit[s] discrimination against [federal] employees based on protected genetic information or information about a request for or the receipt of genetic service." On February 8, 2000, President Clinton signed Executive Order 13145, an order that prohibits federal departments and agencies from using protected genetic information in making employment decisions. See Exec. Order No. 13145, 65 Fed. Reg. 6875 (Feb. 10, 2000).

    And although not yet law, Congress is considering a bill that would ban genetic discrimination in health insurance and employment. On February 13, 2001, the Genetic Nondiscrimination in Health Insurance and Employment Act (S.318 & H.R.602) was introduced in the Senate by Senator Tom Daschle (D-SD) and in the House by Representative Louise Slaughter (D-NY).

    This legislation would prohibit genetic discrimination in hiring, firing, compensation, and other terms of employment. With few exceptions, it would also be unlawful for an employer "to request, require, collect or purchase protected genetic information with respect to an individual or a family member of the individual…." The same or similar provision applies to employment agencies, labor organizations, and training programs. See full text available at http://thomas.loc.gov/.

    For a state by state listing of laws see:

    http://www.law.uh.edu/healthlawpersp...30Genetic.html
    Knowledge is power ... Stay informed!
    YOU can make a difference - all you have to do is try!

    Dx age 12 current age 46 and counting!
    lost: 5 family members to HCM (SCD, Stroke, CHF)
    Others diagnosed living with HCM (or gene +) include - daughter, niece, nephew, cousin, sister and many many friends!
    Therapy - ICD (implanted 97, 01, 04 and 11, medication
    Currently not obstructed
    Complications - unnecessary pacemaker and stroke (unrelated to each other)

    Comment


    • #3
      The HCMA is a member of the Alliance of Genetic Support Groups(Genetic Alliance). For a brief description of the Alliance, see the latest newsletter. They are quite a watchdog for those affected by genetic conditions, a powerful voice in Washington. Check the website for impending legislation, etc.

      www.geneticalliance.org

      Lisa may comment on this thought. We are always saying "Wear the Medic Alert bracelet." Be careful during such things as job interviews. There is no need to display it under certain circumstances. Regardless of how things "should be" or "safeguards" preventing discrimination, we all know it is easier to prevent a difficult situation than to resolve it later. Linda

      Comment


      • #4
        Yes, Linda is correct. I am a Human Resource Manager for the past 15 year + and while I am very understanding of medical issues most of my peers are not...they are looking toward health insurance costs, time out of work, FMLA, ADA.... and a mountian of issues that face it they would not have if YOU did not that any major medical issues.
        AFTER you are hired...I do recommend you let someone close to you know your situation in the event of an emergency they can speak for you. After 1 year of employment your employer would find it difficult to hold anything against you as your FMLA has kicked in in all likelyhood (must have worked 1000 + hours).
        You can request ADA accomidations soon after hire...but be careful not to look like your asking for special treatment that will make your employer and co-workers feel as if you are taking advantage of them...it is a fine line..be cautious and always have your doctor supporting your claims for accomidation.
        Lisa
        Knowledge is power ... Stay informed!
        YOU can make a difference - all you have to do is try!

        Dx age 12 current age 46 and counting!
        lost: 5 family members to HCM (SCD, Stroke, CHF)
        Others diagnosed living with HCM (or gene +) include - daughter, niece, nephew, cousin, sister and many many friends!
        Therapy - ICD (implanted 97, 01, 04 and 11, medication
        Currently not obstructed
        Complications - unnecessary pacemaker and stroke (unrelated to each other)

        Comment

        Today's Birthdays

        Collapse

        Working...
        X