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No federal legislation
has been passed relating to genetic discrimination in individual
insurance coverage or to genetic discrimination in the workplace.
Several bills were introduced during the last decade. Some of
these bills attempted to amend existing civil rights and labor
laws, while others stood alone. The primary public concerns are
that
- insurers
will use genetic information to deny, limit, or cancel insurance
policies (or)
- employers
will use genetic information against existing workers or to
screen potential employees. Because DNA samples can be held
indefinitely, there is the added threat that samples will be
used for purposes other than those for which they were gathered.
Executive
Order Protecting Federal Employees
On February 8, 2000, U.S. President Clinton signed an executive
order prohibiting every federal department and agency from using
genetic information in any hiring or promotion action. This executive
order, endorsed by the American Medical Association, the American
College of Medical Genetics, the National Society of Genetic Counselors,
and the Genetic Alliance
- Prohibits
federal employers from requiring or requesting genetic tests
as a condition of being hired or receiving benefits. Employers
cannot request or require employees to undergo genetic tests
in order to evaluate an employee's ability to perform his or
her job.
- Prohibits
federal employers from using protected genetic information to
classify employees in a manner that deprives them of advancement
opportunities. Employers cannot deny employees promotions or
overseas posts because of a genetic predisposition for certain
illnesses.
- Provides
strong privacy protections to any genetic information used for
medical treatment and research. Under the EO, obtaining or disclosing
genetic information about employees or potential employees is
prohibited, except when it is necessary to provide medical treatment
to employees, ensure workplace health and safety, or provide
occupational and health esearchers access to data. In every
case where genetic information about employees is obtained,
it will be subject to all Federal and state privacy protections.
Gina
Kolata
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