New genetic testing law launch – USA

30. March 2017

The “Süddeutsche Zeitung” has reported that in the US, under the exclusion of the public, a new law on genetic testing was launched. According to this law, workers must submit genetic tests to their employers.
The genetic tests are not based on a voluntary basis, since the company will be allowed to demand genetic tests in the future. Therefore, employees must carry out a genetic test and disclose its results. This can be perceived as a strong intrusion into privacy, since genetic tests should be voluntary and, above all, there shall be no force to publish the results. Likewise according to the European Society of Human Genetics (ESHG).

The law seems to appall not only American geneticists. European scientists also expressed their fears that innovations in the field of bioethics would eventually spread from the USA on Europe, which can lead to the risk of an outreaching intervention into the private sphere of one being. Whether such an action in the European area is actually planned remains not known, however if such a law has to be passed, first the legal review by the supreme courts has to resist. Therefore, it looks like so far there should be nothing to fear about.
Regarding this topic, to prohibit such a genetic testing in the USA, there has already been a law, which was passed in 2008.

However, the interest of companies in such an investigation is undoubted. From then on, companies could get genetic information and therefore decide on the issues regarding their employees. It is clear that a risk-prone employee may be more costly to the company in case of illness. Employers could surely draw logical conclusions out of the results of the tests. These could, for instance, result in a non-renewal or non-adjustment of the employment contract.

One may say that the risk of a disease is not yet a certainty of a real outbreak of the disease. However the concern about the interference in the privacy should still be undoubtedly high.

Category: USA
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