Genetic Testing Legislation

Thanks to the efforts of the Human Genome Project and the continuing advancements made by medical science in detecting and treating genetic diseases, genetic testing can have a critical and profound effect on the health of an individual. Human genome editing of faulty genes is now available. For employers, this can mean early awareness of vulnerability to workplace hazards or the general reliability of the health of an employee. While the use of genetic information could surely benefit the individuals who learn about serious health risks, it could also be used against those individuals. The fear of many, as genetic testing became ever more commonplace, was that the results of a genetic test could be used to discriminate against people seeking employment or health insurance. Fortunately, legislation was put into action protecting against that abuse.

On May 21, 2008, the U.S. government passed a federal law that prevented the use of genetic information in discriminating against employees or people seeking health insurance. The Genetic Information Nondiscrimination Act (GINA) makes it illegal for employers or insurers to make adverse decisions based on genetic information and employers are not allowed to demand or even request that employees take a genetic test (ORNL, 2008). Because of this clear-cut law, it would absolutely not be acceptable for an employer to require an employee take a genetic test or to punish that employee for either refusing to take a test or for any results of a genetic test that they may have access to. Health insurance can ask for a genetic test, but cannot punish people for negative results such as having a rare gene that may cause a health liability down the road. Life insurance, however, is not restricted by GINA (ORNL, 2008).

While there are plenty of reasons why genetic testing could and possibly should be used by employers and health insurance providers, the law is clear. There are no legal grounds for requiring that employees take a genetic test and it would be illegal to punish them for anything related to genetic testing.

Reference

ORNL. (2008, May 15). Breaking news: GINA becomes law May 2008. Human Genome Project Information: Genetics Privacy and Legislation. Retrieved April 27, 2013, from http://www.ornl.gov/sci/techresources/Human_Genome/elsi/legislat.shtml