Noted employment law attorney John Phillips analyzes the Genetic Information Nondiscrimination Act (GINA) and notes some possible problems. An excerpt:
Here’s another inscrutable provision. “An employer . . . shall not be considered in violation of [GINA] based on the use, acquisition, or disclosure of medical information that is not genetic information about a manifested disease, disorder, or pathological condition of an employee or member, including a manifested disease, disorder, or pathological condition that has or may have a genetic basis.” It’s not genetic information, although it has a genetic basis? I don’t know exactly what this means, but I’m sure a court somewhere will.