LawyersUSA

Congress has passed legislation that would prohibit employees who discover they are genetically susceptible to diseases from losing their jobs or being denied health insurance.

The "Genetic Information Nondiscrimination Act," H.R. 493, along with its identical counterpart S. 358, would amend existing federal civil rights and employment laws to prohibit employers from firing, refusing to hire or otherwise discriminating against employees based on genetic information.

It would also ban insurers from requiring genetic testing or using genetic information for underwriting or adjusting premiums.

After being approved by the Senate in a 95-0 vote on April 24, the House of Representatives passed the measure today by a voice vote of 414-1.

Rep. Ron Paul, R-Texas, was the only member of Congress to vote against the bill. President George W. Bush has voiced his support for the measure and a signing ceremony is expected to be held soon.

The legislation is especially timely because a company has developed a new form of DNA testing that is starting to be used in civil cases: a means of determining whether a plaintiff has actually been exposed to certain toxins or chemicals. For a detailed story, see "DNA testing in civil litigation," Lawyers USA, April 21, 2008. Search terms for Lawyers USA website: revolutionize and toxins.

Proponents of the bill said it is an important piece of legislation aimed at protecting employees and consumers with health insurance, but opponents argue that it could lead to a rash of class action suits and impede medical practitioners.

The bill would prohibit health insurance companies from basing premium rates and enrollment eligibility on genetic testing results. It would also ban employers from using genetic information in hiring, firing or promotion decisions.

Lawmakers said the bill allows the advancement of scientific research through genetic testing without fear of repercussions for employees.

"We will never unlock the great promise of the Human Genome Project if Americans are too afraid to get genetic testing," said Rep. Judy Biggert, R-Ill., who sponsored the bill along with Rep. Louise Slaughter, D-N.Y.

"This bill opens a new frontier in medicine in which we read the genetic make up of patients to stop diseases before they even happen," said Senate Health, Education, Labor and Pensions Committee Chairman Sen. Edward Kennedy, D-Mass. "This legislation opens the door to modern medical progress for millions and millions of Americans."

Sen. Olympia Snowe, R-Maine, who sponsored the Senate bill, along with Kennedy and Sen. Mike Enzi, R-Wyo., said the bill is revolutionary.

"For the first time, we act to prevent discrimination before it has taken firm hold and that's why this legislation is unique and groundbreaking," she said.