WASHINGTON — The first federal anti-discrimination law in
nearly 20 years takes effect Saturday, prohibiting employers from hiring,
firing or determining promotions based on genetic makeup.
Starting Dec. 7, group health insurers will not be allowed
to consider a person’s genetics — such as predisposition for Parkinson’s
disease — to set insurance rates or deny coverage.
Not since the Americans with Disabilities Act of 1990 has
the federal government implemented such far-reaching workplace protections.
Stuart Ishimaru, acting chairman of the Equal Employment Opportunity
Commission, said in a statement that the law reaffirms the idea that people
have a right to be judged solely on merit.
“No one should be denied a job or the right to be
treated fairly in the workplace based on fears that he or she may develop some
condition in the future,” he said.
The National Federation of Independent Business, a nonprofit
advocacy group for small businesses, filed concerns about the law in April with
the commission.
The concerns included whether employers who “innocently
discover” genetic information about their workers still may be held liable
for having that information in their files, the “confusing” interplay
of other federal statutes and the lack of an exception for publicly available
genetic information on the Internet.
The nonprofit is now seeking to teach its members that under
this law any piece of medical history — whether an employee’s own or that of a
family member — constitutes genetic information, said Elizabeth Milito, the
group’s senior counsel.
Robert Zirkelbach, a spokesman for the industry group
America’s Health Insurance Plans, said his association originally supported the
bill, but that the resulting regulations ultimately will disrupt efforts to
stay healthy through wellness and disease management programs.
“If a patient is at risk for a particular condition,
they are a good candidate to do more preventive screenings, and this would
prohibit some of that information even being gathered,” Zirkelbach said.
Peter Bennett, an attorney who specializes in employment
law, said he knew of no pending genetic discrimination cases but expects them
to pile up soon, resulting in litigation to sort out who is liable for what.
Via McClatchy-Tribune News Service.
