Thursday, April 24, 2008

Genetic Discrimination Law May be Flawed

Congress has finally passed a bill that's been stalled for the past year.

The Bill, H.R 493 (Genetic Information Nondiscrimination Act of 2007), attempts to classify Genetic Discrimination as a Civil Rights violation under the Civil Rights Act.

I did a brief read of parts of the Bill and found a possible loophole that employers and insurers could exploit to gather genetic information about employees.

Specifically, Section 202 (b)(2)(B) allows the collection of genetic information if "the employee provides prior, knowing, voluntary, and written authorization;".

The opportunities for abuse abound since most employees in this country are "at will". By virtue of their "at will" status, they can lose their jobs for failing to sign a mound of documents including a waiver of Genetic Privacy.

I know the Act says it's illegal for an employer to collect such information, but if an employer does so, where will the Supreme Court will land on the issue of whether it was knowing and voluntary?

I'll tell you: The Supreme Court, as currently constituted, will side with employers, in resolving confusion on the issue.

So what do we have? A law that has loopholes, easily exploitable by savvy employers.

No comments: