Genetic discrimination and the law.
The use of genetic tests can lead to genetic discrimination, discrimination based solely on the nature of an individual's genotype. Instances of the discriminatory uses of genetic tests by employers and insurance companies have already been reported. The recently enacted Americans with Disabilities Act of 1990 (ADA), together with other federal and state laws, can be used to combat some forms of this discrimination. In this article we define and characterize genetic discrimination, discuss the applicability of the various relevant federal and state laws, including the ADA, in the areas of employment and insurance discrimination, explore the limitations of these laws, and, finally, suggest some means of overcoming these limitations.
Natowicz
M R
MR
Division of Medical Genetics, Shriver Center for Mental Retardation, Waltham, MA 02254.
Alper
J K
JK
Alper
J S
JS
D002961:Civil Rights / Q000331:legislation & jurisprudence*; D006233:Persons with Disabilities / Q000331:legislation & jurisprudence*; D004651:Employment / Q000331:legislation & jurisprudence; D035082:Federal Government; D030342:Genetic Diseases, Inborn; D005820:Genetic Testing / Q000331:legislation & jurisprudence*; D033161:Government Regulation; D006262:Health; D006801:Humans; D007341:Insurance / Q000331:legislation & jurisprudence; D015273:Insurance Selection Bias; D010560:Personnel Selection; D011287:Prejudice; D014481:United States