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Genetic discrimination and the law
M R Natowicz1, J K Alper, J S Alper
1Division of Medical Genetics, Shriver Center for Mental Retardation, Waltham, MA 02254.
American Journal of Human Genetics
|March 1, 1992
Summary
Genetic discrimination occurs when individuals face unfair treatment based on their genetic information. Federal and state laws, including the ADA, offer protections against such discrimination in employment and insurance, though limitations exist.
Area of Science:
- Genetics
- Bioethics
- Law
Background:
- Genetic testing reveals an individual's genotype, which can be misused for discriminatory purposes.
- Reported cases highlight genetic discrimination by employers and insurance providers.
- Existing legal frameworks may offer recourse against genetic discrimination.
Purpose of the Study:
- To define and characterize genetic discrimination.
- To analyze the applicability of federal and state laws, such as the ADA, to genetic discrimination in employment and insurance.
- To identify limitations in current legal protections and propose solutions.
Main Methods:
- Literature review of genetic discrimination cases.
- Analysis of relevant federal and state legislation, including the Americans with Disabilities Act (ADA).
- Exploration of legal limitations and potential remedies.
Main Results:
- Genetic discrimination is a growing concern, impacting employment and insurance.
- The ADA and other laws provide partial protection against genetic discrimination.
- Current legal protections have significant limitations in fully addressing the issue.
Conclusions:
- While laws like the ADA offer some defense, they do not fully prevent genetic discrimination.
- Further legal and policy advancements are needed to overcome existing limitations.
- Addressing genetic discrimination requires a comprehensive approach combining legal safeguards and ethical considerations.