Genetic Discrimination

Preventing Genetic Discrimination

Employers may be granted access to the genetic information of their employees in certain circumstances which has lead to unease over how this information will be used and will have access to it. Advances in genetics have allowed researchers to predict predisposition to hereditary diseases which could allow employers the opportunity to discriminate in hiring and promotional practices. As healthcare costs continue to rise, employers have an increasing need to control these costs and genetic discrimination by unscrupulous employers could be leveraged to do so.

Lawyers have long since cautioned employers to avoid violating employee privacy rights as enforced by HIPAA. This warning was extended to insurance companies, who disallow people with disorders and predispositions to disorders from being granted insurance coverage. In an effort to prevent this form of discrimination, the Genetic Non-Discrimination Act was passed in 2007 by the U.S. House of Representatives and it is under review in the Senate.

How Can Employers Avoid Genetic Discrimination in the Workplace?

Employers should consider job qualifications beyond health examinations. Any medical information must be stored in a secure location with limited access. If genetic testing is deemed as an essential element of the job qualifications, employees must be informed, must consent in writing, and must also be informed of any consequences of these tests.

What Happens If the Genetic Non-Discrimination Act is Passed?

If the Genetic Non-Discrimination Act is passed employers will be unable to consider genetics in any employment decision and would be required to cease the collection of this information.