The Senate has unanimously approved the Genetic Information Nondiscrimination Act of 2008. Smooth passage in the House of Representatives is expected, and President Bush has promised to sign the legislation.
The Act would forbid employers and unions from using genetic information for hiring, promotions, assignments, or discharge. It would also bar health insurers from either requesting genetic information as a precondition to a coverage decision or using genetic information to make coverage or rate decisions. The law would also prohibit insurance providers from raising premiums based upon a group's genetic predisposition to disease. Employers and unions would be forbidden from using genetic data for hiring, promotions, assignments or firing.
There's little reported caselaw on genetic testing in employment. That appears to be a vacuum that will be readily filled. Link
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