AFFIRMATIVE — EMPLOYMENT — GENETIC SCREENING — SOLVENCY 300

FEDERAL ACTION IS NEEDED

FEDERAL LEGISLATION IS KEY TO PROTECTING GENETIC INFORMATION PRIVACY

Tara L. Rachinsky, J.D., University of Pennsylvania Law School, Winter, 2000; Journal of Labor & Employment Law (2 U. Pa. J. Lab. & Emp. L. 575), "Genetic Testing: Toward a Comprehensive Policy to Prevent Genetic Discrimination in the Workplace Yy EE2001-hxm lxnx

This Comment will examine the legal and social policy implications of the use of genetic information in the workplace and evaluate the federal and state statutory schemes that are evolving to address this issue. Currently, a patchwork of state laws is in place or is being proposed, most of which regulate the use of genetic information by health insurers. A few [*578] state laws also address the potential for employment discrimination based on the results of genetic tests. in addition, federal law offers some potential safeguards against discrimination. Nevertheless, under the current state and federal statutory schemes there are serious gaps in protection. Therefore, it will be necessary to continue to enact federal laws to protect such information in both the health insurance and general employment contexts. In designing these laws, it will be necessary to apply a broad definition of genetic information to protect fully the privacy of employees and to prevent the potential misuse of genetic information by employers and insurers.

FEDERAL LEGISLATION SHOULD BE ENACTED TO PROTECT THE PRIVACY OF GENETIC INFORMATION IN ORDER TO PREVENT EMPLOYMENT AND HEALTH INSURANCE DISCRIMINATION

Deron H. Brown, JD Candidate, Thomas Jefferson School of Law, Spring 2000; Thomas Jefferson Law Review, "Book Review: Privacy in the Information Age," EE2001-hxm lxnx

Congress should address this issue specifically by passing federal legislation protecting the privacy of genetic information and prohibiting the discriminatory use of such information in both the employment and health insurance contexts. Such legislation should include a comprehensive definition of the types of genetic information to be protected that encompasses not only information from genetic tests, but also knowledge about a person's genome gleaned from other medical tests and from family histories. Any measure regulating the use of genetic information by health insurers should cover both group health plans and those with individual insurance. Although the regulation of managed health care is a vitally important issue, Congress should not allow the debate over managed health care reform to overshadow the need to provide comprehensive protection against genetic discrimination in the workplace.

PRIVATE EMPLOYERS NEED TO FOLLOW THE FEDERAL EXAMPLE AND NOT USE GENETIC INFORMATION TO DISCRIMINATE

ROBERT PEAR; The Plain Dealer, February 9, 2000, SECTION: NATIONAL; Pg. 11A TITLE: CLINTON MOVES TO PROTECT WORKERS' GENETIC INFORMATION // acs-EE2001

"We must not allow advances in genetics to become the basis of discrimination against any individual or any group," Clinton told the American Association for the Advancement of Science. "By signing this executive order, my goal is to set an example and pose a challenge for every employer in America, because I believe no employer should ever review your genetic records along with your resume."

FEDERAL LEGISLATION MUST INCLUDE LANGUAGE THAT REGULATES THE USE OF GENETIC INFORMATION BY EMPLOYERS

Deron H. Brown, JD Candidate, Thomas Jefferson School of Law, Spring 2000; Thomas Jefferson Law Review, "Book Review: Privacy in the Information Age," EE2001-hxm lxnx

As discussed above, a number of states have passed legislation aimed at regulating the use of genetic test information by health insurers. A subset of these statutes, such as the one in effect in North Carolina, prohibits employment discrimination (in this case, termination of employment) in addition to the denial of health insurance based on genetic testing information. n63 Currently, only fourteen states have legislation to prevent genetic discrimination in the workplace as a consequence of genetic tests. n64 Although a number of states are currently proposing legislation aimed at curbing discrimination based on genetic information, most of these bills only address the use of genetic tests by insurers, not employers. n65 For this reason, it is important for any federal legislation intended to prevent genetic discrimination to include language regulating the use of genetic information by employers.