US Senate bill outlaws genetic discrimination 17/10/03. By the Public Health Genetics Unit After seven years' negotiation, the US Senate has unanimously passed the Genetic Information Nondiscrimination Act 2003.

The Genetic Information Nondiscrimination Act 2003, which must also be passed by the House of Representatives before it becomes law, prohibits the use of genetic information by insurers or employers.

'Genetic information' is defined as information concerning genetic tests on an individual or his/her family members, or information about the occurrence of a disease or disorder in a family member, that is used to predict disease risk in an asymptomatic person.

Information about a person's age or sex, and information derived from laboratory tests or physical examinations used to check a person's current health status or diagnose disease (for example the result of a cholesterol test) are explicitly excluded from the definition. These sorts of tests are also excluded from the definition of a 'genetic test', which in the context of the Act means "the analysis of human DNA, RNA, chromosomes, proteins and metabolites, that detect genotypes, mutations, or chromosomal changes".

Companies offering health insurance will not be able to use genetic information about an applicant, whether the person is applying individually for insurance cover or as part of a group scheme. Nor will insurers be permitted to ask whether a person has requested or received genetic services.

Employers, employment agencies and labour organisations (i.e. trades unions) will be prohibited from asking for or using genetic information in decisions about recruitment (or membership in the case of labour organisations), employment conditions and privileges, or promotion and dismissal. There is an exception to this prohibition: an employer can use a selection criterion that might tend to exclude people on genetic grounds if they can show that the criterion is directly related to the specific job and "consistent with business necessity".

'Genetic monitoring' in the workplace – that is checking to see if employees have sustained any genetic damage as a result of their work environment – is allowed under the Act but only if it is mandated by law, if the employer gives due notice and the employee consents.

President Bush has indicated that his administration supports the enactment of Federal legislation on genetic non-discrimination.

Article courtesy of the Public Health Genetics Unit .