Genetic Discrimination and the Workplace: Employee’s Right to Privacy v. Employer’s Need to Know

Posted: 27 Mar 2010

See all articles by Marisa Anne Pagnattaro

Marisa Anne Pagnattaro

University of Georgia - C. Herman and Mary Virginia Terry College of Business

Date Written: 2001

Abstract

This article explores the workplace ramifications of the ever-increasing access to genetic information. Section I describes the Human Genome Project, including its accompanying broad ethical, legal and social issues; Section II focuses on genetic monitoring and screening in the workplace; Section III reviews the current existing but limited federal protection for personal genetic information as provided for under Executive Order 12145 that prohibits federal agencies and departments from using genetic information in any hiring or promotion action, the Americans with Disabilities Act, the Health Insurance Portability and Accountability Act of 1996 (which amended the Employee Retirement Income Security Act), Title VII of the Civil Rights Act of 1964, the Occupational Safety and Health Act, and the U.S. Constitution; Section IV provides an overview of existing state law protection; and Section V analyzes proposed federal action, specifically the Genetic Nondiscrimination in Health Insurance and Employment Act of 1999. The ultimate conclusion, herein, is that comprehensive federal legislation is needed to prohibit discrimination on the basis of predictive genetic information and to provide uniform protection for individuals across the United States. The most effective legislation for the workplace would protect the privacy of genetic information; prohibit discrimination by employers in hiring, promotion, firing and other employment decisions; prohibit discrimination by insurers; yet also provide employers with information which is necessary to maintain a safe workplace.

Keywords: Genetic, discrimination, workplace, privacy

JEL Classification: K31

Suggested Citation

Pagnattaro, Marisa Anne, Genetic Discrimination and the Workplace: Employee’s Right to Privacy v. Employer’s Need to Know (2001). American Business Law Journal, Vol. 39, No. 1, 2001, Available at SSRN: https://ssrn.com/abstract=1577229

Marisa Anne Pagnattaro (Contact Author)

University of Georgia - C. Herman and Mary Virginia Terry College of Business ( email )

Brooks Hall
Athens, GA 30602-6254
United States

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