CONGRESS MOVES TO MAKE IT ILLEGAL FOR EMPLOYERS TO DISCRIMINATE BASED ON GENETIC PREDISPOSITION
The concept of “genetic discrimination” has only recently entered the vocabulary of U.S. corporate employers. But the problem is well documented. In as many as five hundred cases, individuals and family members have been barred from employment or lost their health and life insurance based on an apparent or perceived genetic abnormality. [1] For example, a couple of years ago the Burlington Northern Santa Fe Railway tested the genes of injured workers, without their permission, to try to detect a genetic predisposition to carpal tunnel syndrome. The railway, apparently, was looking for a way to avoid workman's compensation claims by using an unproven genetic test. [2] In fact, many of those who have suffered discrimination are clinically healthy and exhibit none of the symptoms of a genetic disorder.
Current federal laws, including the Americans with Disabilities Act and the Health Insurance Portability and Accountability Act, do not sufficiently address this problem. Moreover, while many states currently provide some level of protection against “genetic discrimination” in health insurance, most fail to have protections for employment discrimination. To that end, on April 24, 2007, the U.S. House of Representatives approved legislation that would make it illegal for employers to use individuals' genetic information in hiring, firing, job placement or promotion decisions. The Genetic Information Non-Discrimination Act—H.R. 493 — would also bar employers and health insurers from denying coverage or charge enrollees higher premiums based solely on a genetic predisposition to a specific disease. Additionally, the law would prohibit genetic testing as a prerequisite for insurance and would extend medical privacy and confidentiality rules to the disclosure of genetic information. Should this law be passed by the U.S. Senate it then goes to President Bush for his approval or veto. In an April 25 statement, the Bush Administration said President Bush favored enactment of the Bill.
Jackson & Campbell 's Employment Law Practice Group can help companies understand the potential implications of this new legislation. We can advise employers on necessary changes to policies and procedures to comply with the human resources implications of this law and thus avoid any potential liability arising from “genetic discrimination”.
[1] Council for Responsible Genetic Testing.
[2] The Seatle Times, Editorial Page, “Exploring the Frontiers of Life”, August 7, 2005 .
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