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Scope of Coverage Comparison 1 (2007)

handle is hein.nccusl/nccpub01204 and id is 1 raw text is: Scope of Coverage Comparison and Preemption Analysis NCCUSL Uniform Act on Misuse of Genetic Information in Employment and Insurance 2007 Annual Meeting Draft and Genetic Information Nondiscrimination Act of 2007 (GINA), H.R. 493 (passed House: April 25, 2007; placed on Senate calendar: April 30, 2007) Prepared by Ellen E. Deason, Roger Jansson, and Robyn S. Shapiro I. EMPLOYMENT A. Coverage Analysis (see also comparison table at end of memo) The NCCUSL draft and the GINA bill cover very similar employment entities. The primary difference is that employers under GINA are defined by the 1964 Civil Rights Act as those with 15 or more employees, while the NCCUSL provisions apply if there is even one employee. There is also a minor difference in that the federal bill covers training programs while the NCCUSL draft covers licensing authorities. The information that would be affected by the two pieces of legislation is very similar. The definitions have different scopes, but the genetic information plus family medical history covered in the NCCUSL draft are essentially equivalent to genetic information in GINA. The primary difference is that the federal bill specifically includes genetic information of a fetus or embryo in its definition of genetic information. The NCCUSL draft sets restrictions on genetic testing by employers. GINA has no comparable provision. Both texts prohibit employers from accessing genetic information with exceptions. The common denominator for those exceptions is employer access to aggregate data on genetic monitoring, but the federal bill limits this exception to genetic monitoring required by state or federal law. The NCCUSL draft includes an exception that would permit an employer to defend a legal claim brought by an employee, but this is missing from GINA. There are also several exceptions in GINA that are not found in the NCCUSL draft. (See comparison table.) In terms of use, GINA prohibits discrimination while the NCCUSL draft prohibits adverse employment action. The NCCUSL draft has an exception for protecting the health and safety of others from a direct threat that is not included in GINA. The NCCUSL draft also permits uses that may or may not be prohibited by GINA's discrimination clause, such as reducing workplace exposure for a susceptible individual. Confidentiality and disclosure provisions are similar except that the NCCUSL draft gives employees the capability to authorize disclosure and GINA includes research provisions and the

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