Can Genetic Information be Used for Hiring?

Q: I recently attended a business meeting where the presenter mentioned something about a Genetic Information Nondiscrimination Act of 2008. What in the world is it? Why haven’t we heard anything about it before?

A: Even though it’s been five years since President Bush signed it into law, unless you work knee-deep in employment law, you probably haven’t heard of GINA. Why? First, it received little attention from the media in 2008, when the economic collapse took up all the oxygen. Then, it’s wasn’t until 2011 that the EEOC published regulations to guide employers. And lastly, up to recently, it’s been mostly irrelevant. But that may change soon.

GINA represents one of those rare times when legislation has actually anticipated the effects of emerging technology. Usually it’s the other way around. For instance, because existing laws couldn’t have predicted the Internet, the courts are still trying to figure out what impact a platform like Facebook has on employment issues such as freedom to discuss work conditions, privacy, and confidentiality.

In the case of GINA, someone in Congress had the foresight to imagine that someday the cost of genetic testing would decrease to the point that an average person (or employer) would be able to afford getting one. In 2013, that day is closer. What used to cost over $5,000 is predicted to drop to under $1,000. This means if someone is worried about a predisposition to certain cancers or curious about their ancient ancestry, they’ll be able to find out with the aid of an ever-cheaper genome sequencing test.

Even though I generally don’t like more regulation, I think GINA was inevitable. Think about it: If an employer can make a drug test a condition of employment, absent a law, what’s to prevent them from making a genetic test a condition as well? This year I’ve noticed more stories about genetic testing in the news, yet still haven’t seen references to GINA. But now you know.

I’m sure you’ve seen the omnipresent workplace poster that states at the top: Equal Employment Opportunity it’s THE LAW. If you look closer, GINA is now included among employee protections. Get an updated poster here.

http://www1.eeoc.gov/employers/upload/eeoc_self_print_poster.pdf