Genetic discrimination

Genetic discrimination occurs when people are treated differently because they have or are perceived to have a gene mutation that causes or increases the risk of an inherited disorder. It may also refer to any and all discrimination based on the genotype of a person rather than their individual merits.

Some legal scholars have argued for a more precise and broader definition of genetic discrimination: "Genetic discrimination should be defined as when an individual is subjected to negative treatment, not as a result of the individual’s physical manifestation of disease or disability, but solely because of the individual’s genetic composition."

Genetic Discrimination has its foundations in genetic determinism and genetic essentialism.

It is based on the concept of genism, that distinctive human characteristics and capacities are determined by genes.

Genetic discrimination is illegal in the U.S. after passage of the Genetic Information Nondiscrimination Act of May 21, 2008. The legislation also bars employers from using individuals’ genetic information when making hiring, firing, job placement, or promotion decisions. It was signed into law by President George W. Bush on May 21, 2008. The law does not cover life insurance nor long-term care insurance, which has already created problems for some patients who have undergone genetic testing.

The Genetic Information Non-Discrimination Act (GINA) does not have a disparate impact theory provision although some legal experts have argued for the addition of such a provision. A Genetics Study Commission is scheduled to be called by Congress to determine whether such a provision is necessary.

In 2008, The New York Times reported that some individuals avoid genetic testing out of fear it will impede their ability to purchase insurance or find a job. They also reported that evidence of actual discrimination was rare.

On March 8, 2017, Bill S-201 was passed in Canada with the vote of backbench Liberals and the vote of the totality of the Conservative, NDP and Green Party MPs. It makes it a crime for insurance companies to ask clients to provide DNA tests as a condition in providing them policies.

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Wikipedia