Genetic Information Nondiscrimination Bill Seems Destined
to Become Law

by Ted Olsen

By all indications, before you receive our next bi-monthly newsletter, a bill that just passed in Congress (H.R. 493) prohibiting assorted types of employment discrimination based on genetic information, will have been signed by President Bush.  This proposed legislation passed the Senate on April 24, 2008 (95-0, with five Senators, including Presidential candidates Clinton, McCain and Obama, abstaining).  The bill also passed the House of Representatives (414-1, with Presidential candidate Ron Paul the lone dissenter) on May 1, 2008.  The measure has been before Congress for over a decade. 

Unlike the numerous other bills pending before Congress regarding assorted labor and employment law issues, President Bush has stated his intention to sign this bill.

H.R. 493 would amend Title VII, the Employee Retirement Income Security Act, and other federal laws, to prohibit employers from refusing to hire, firing, segregating, or otherwise discriminating against applicants or employees on the basis of genetic information.  The employment discrimination provisions of the bill will take effect one year after it is signed by the President.

This legislation would also amend the Employee Retirement Income Security Act and the Public Health Service Act, to prohibit insurers from requiring genetic tests, and to ban discrimination by group health insurance plans and issuers of health insurance against individuals (in establishing eligibility and setting premiums) based on their genetic information.

According to the National Human Genome Research Institute, each person probably has six or more genetic mutations that place them at risk for some disease.  However, that does not mean that a disease will develop. 

It is believed that many people have been deterred from being tested for DNA predisposition to diseases such as cancer, sickle cell anemia, Parkinson's Disease, diabetes and heart disease, fearful that the information would be used by their employer or insurance company.  Increased genetic testing, however, will improve early detection and treatment, and will help researchers to discover lifesaving therapy and prevention methods.

Sherman & Howard has prepared this advisory to provide general information on recent legal development that may be of interest. This advisory does not provide legal advice for any specific situation. This does not create an attorney-client relationship between any reader and the Firm. If you want legal advice on a specific situation, you must speak with one of our lawyers and reach an express agreement for legal representation.

© 2008 Sherman & Howard L.L.C.                                                            May 6, 2008