Federal Law Banning Genetic Discrimination Takes Effect

Main Category: Health Insurance / Medical Insurance
Also Included In: Genetics
Article Date: 24 Nov 2009 - 3:00 PDT

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A federal law took effect Saturday that prohibits employer discrimination based on genetic information, the Los Angeles Times reports. The Genetic Information Nondiscrimination Act (Pub.L. 110-233), signed into law in May 2008, also prohibits health insurers from denying coverage or setting rates based on a person's genetic makeup, such as a predisposition to a disease.

"No one should be denied a job or the right to be treated fairly in the workplace based on fears that he or she may develop some condition in the future," Stuart Ishimaru, acting chair of the Equal Employment Opportunity Commission, said.

Industry groups oppose the law. The National Federal of Independent Businesses in April filed several concerns with EEOC, which oversees the law. The group said it was concerned about liability for employers who "innocently discover" genetic information and about a lack of an exception for publicly available genetic information accessible online. NFIB also said that there is a "confusing" relationship between the new law and other federal statutes. America's Health Insurance Plans says the regulations will disrupt wellness programs and disease-management efforts.

As of May, there had been no genetics-related employment discrimination cases brought before federal or state courts, according to the National Human Genome Research Institute (Markman, Los Angeles Times, 11/21).

New York Times Editorial Backs New Law

The new law "removes a significant obstacle to genetic testing, which can help prevent and treat serious illness," according to a New York Times editorial supporting the new law. The editorial cites anecdotes about workers who have been denied jobs because of genetic factors, including the presence of the BRCA1 gene, which signals a predisposition to breast and ovarian cancer. The new law "is an important step in protecting people who have inherited a predisposition to disease," the editorial says.

"An added benefit" of the law is that it will help advance scientific research because people might be more willing to undergo genetic testing if they are confident that the results will not be used against them (New York Times, 11/22).

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