Legislation and genetic discrimination.

• Position: Is There a Pink Slip in Your Genes? Genetic Discrimination in Employment and Health Insurance - Transcript

I will be talking about the laws that address genetic discrimination, and there is quite a variety of them. Let me begin with state laws.

1. STATE LEGISLATION

   State legislation addresses genetic discrimination in both employment and health insurance. Thirty-one states have passed laws that Address genetic discrimination in employment. Approximately thirteen states prohibit employers from requiring applicants to undergo genetic testing as a condition of employment. Some states have more limited restrictions. Florida prohibits only the screening of applicants for the sickle-cell trait. Wisconsin requires employers to obtain written and informed consent from applicants prior to administering genetic tests, but does not preclude their utilization altogether. Some states establish exceptions that permit genetic testing that is job-related or that is conducted, with the employee's written and informed consent, for the purpose of investigating Workers' Compensation claims or to protect the employee's health by testing for potential work-related medical problems.

   Some employees actually wish to undergo genetic testing to determine if they have genetic conditions such as chronic berrylium disease, which is triggered by exposure to toxins in the workplace. I have read that a few employees have filed claims against their employers for not conducting this kind of genetic testing. The issue of genetic testing can therefore be a "catch 22" for employers. Many employees will be upset if the employer subjects them to genetic tests because they believe the tests constitute an invasion of privacy. Others, however, will accuse the employer of misconduct if the employer does not offer genetic testing that will detect susceptibility to a condition that is triggered by a known substance in the workplace.

   Let us turn to health insurance. As of 1999, over half the states had enacted laws prohibiting health insurance companies from requiring genetic testing as a condition of coverage or from denying insurance or charging higher rates based upon the results of genetic tests. Again, the statutes vary in their breadth and scope. The Texas statute, for example, applies only to group health benefits plans and not to individual health insurance policies. The Alabama statute pertains only to genetic tests for cancer.

   Even the statutes that address the discriminatory use of all genetic test results may leave many individuals unprotected. One problem that drafting legislation presents is the challenge of crafting language that is precise enough to be sufficiently inclusive. This is particularly difficult when it comes to discussing new technology, such as genetic testing. "Genetic test" is typically defined as "A laboratory test of human chromosomes or DNA that is used to identify the presence or absence of inherited or congenital alterations in genetic material that are associated with disease or illness." Under this definition, an insurer would...