Comment on FR Doc # E9-04221

Attached please find comments by the Burton Blatt Institute on the Genetic Information Nondiscrimination Act of 2008 proposed regulations. Our main concerns are (1) the fact that medical records provided to employers will often contain genetic information and there are no provisions for medical professionals to prevent such disclosure. Once an employer receives that information, it will be impossible to "unring the bell" and use of the information, although prohibited, will occur and be difficult to challenge. (2) There is a gap in coverage between the protections of GINA (protecting people with unmanifested genetic disabilities) and the protections of the ADA (protecting people with "substantially limiting" disabilities). People with manifested, but progressive, genetic disabilities will fall into this gap throughout much of their working life and will face discrimination based on the progressive nature of their condition. However, they will have no protection.