Genetic Discrimination in the Workplace

Additional HR Resources Employment Testing Legal Dos and Don'ts for employment testing Keeping Compliant Does your state require you to post your state's laws on genetic discrimination? Workplace Discrimination How to recognize and respond to workplace discrimination Employee Privacy Where right to know overrides employees' right to privacy Avoid ADA Violations In-state guidance from trained and highly respected attorneys The Law in Your State What each of the 50 states has to say about laws on genetic discrimination HIPAA Compliance HIPAA compliance issues for small plans Employment Law in Your State Where your state lawmakers and fellow employers stand Federal Employment Law Advanced warning on upcoming federal regulations and legislation

With all the advancement in genetic decoding, scientists are developing techniques which can, with increasing accuracy, estimate the probability of contracting many diseases and in some cases predict who actually will fall prey to them. In response, lawmakers at both the federal and state levels are trying to address the various legal issues -- including restrictions on how employers and health insurance companies could use that sort of information about workers -- raised by these advancements.

HR Guide to Employment Law: A practical compliance reference manual covering 14 topics, including discrimination and health benefits

Related articles on Genetic Discrimination
Genetic Discrimination tools for Employment Law Letter subscribers

State and federal laws against genetic discrimination in the workplace
Hundreds of pieces of state-level legislation have been introduced since the initiation of the Human Genome Project. Many of those bills have become law in those states, offering varying degrees of protection against genetic discrimination.

State-by-state comparison of 50 employment laws in all 50 states, including genetic discrimination

A federal law, the Genetic Information Nondiscrimination Act (GINA), was enacted by President Bush in May 2008. GINA prohibits group health plans from requiring genetic testing, using genetic information for underwriting purposes and adjusting premiums or contributions based on genetic information. The Genetic Information Nondiscrimination Act similarly restricts use of genetic information by health insurance issuers offering coverage in the individual market.

The U.S. Equal Employment Opportunity Commission (EEOC) is in the process of finalizing regulations implementing the employment provisions of the Genetic Information Non-Discrimination Act. The EEOC is to issue regulations by May 21, 2009, implementing Title II of GINA, the part that prohibits the use of genetic information in employment, prohibits the intentional acquisition of genetic information about applicants and employees, and imposes strict confidentiality requirements.

How does genetic information affect workplace practices?
Regarding employment practices, GINA forbids employers from discriminating against employees in hiring, firing and in the terms and conditions of employment based on genetic information. Insurers may, however, consider preexisting health conditions (as opposed to genetic predispositions) in underwriting decisions.

In addition to state laws, other measures currently on the books could be used to block genetic discrimination, including the Americans with Disabilities Act (ADA), A screening for genetic information, for example, is clearly a medical inquiry or exam and is therefore prohibited before making an employment offer. The ADA also protects individuals who aren't disabled but are thought of as disabled by others.

Title I of the Health Insurance Portability and Accountability Act (HIPAA) currently prohibits health insurers from using genetic information about a patient in deciding whether to insure the individual. Without this protection, health insurers could treat a potential customer's genetic information -- a predisposition to Alzheimer's disease, for example -- as a preexisting condition.

Audio Conference: Workplace Medical Clinics: The Cure for High Insurance Costs

Finally, Executive Order 13145 to Prohibit Discrimination in Federal Employment Based on Genetic Information was signed on February 8, 2000, by President Bill Clinton. The executive order states that genetic discrimination be added to the list of forms of discrimination barred by Title VII of the Civil Rights Act of 1964. The scope of the order, however, doesn't reach beyond the applicants, employees, and former employees of executive branch departments and agencies. It doesn't cover employees in the private sector.

View all HR topics

Related articles on Genetic Discrimination in the Workplacefeatured in HR Hero Line

• Wellness Programs and the Health Care Reform Debate
  (Maine Employment Law Letter, December 2009)
• Proposed GINA Regulations for Federal Genetic Discrimination Law
  (New Jersey Employment Law Letter, May 2009
• Top Employment Issues for States in 2009 Part 2: Family and Medical Leave, Discrimination, Minimum Wage, and Safety
  (Employers State Law Alert, February 2009)
• Congress Patrols the Gene Pool with Genetic Information Non-Discrimination Act
  (Arizona Employment Law Letter , September 2007)

HR Tools for Genetic Discrimination

• Sample Policy - Equal Employment
• Sample Policy - Harassment and/or Discrimination