WASHINGTON, D.C. -- The House Education and the Workforce Subcommittee on Employer-Employee Relations today held a hearing on genetic non-discrimination and its implications for employers and employees. Rep. Sam Johnson (R-TX), chairman of the subcommittee, presided over the hearing. The panel has jurisdiction over both the employer-provided health insurance and employment aspects of the genetic non-discrimination issue.

          “Last year, researchers at the National Institutes of Health (NIH) announced that they had successfully completed a ‘rough map’ of the human genome. This made possible a whole new universe of scientific discovery -- one that will contribute to the prevention and cure of human disease,” said Chairman Johnson. “The announcement also spurred a public policy debate about genetic information and what specific protections should be accorded to this new information of information.”

          Witnesses covered a broad range of issues related to genetic non-discrimination, including the extent to which current federal and state law already protects individuals from genetic discrimination, how widespread is the practice of testing workers for genetic predispositions toward illnesses, legitimate uses of genetic screening and monitoring to prevent workers’ exposure to workplace hazards, appropriate enforcement mechanisms and penalties, and the best way to define genetic information and testing.

          Mr. Cheye Calvo, an employment and insurance policy specialist with the National Conference of State Legislatures (NCSL), noted: “Several states already have updated laws enacted years before and many lawmakers foresee the need to regularly review state genetics policies to account for new developments and guard against unforeseen consequences.” Calvo added, “This said, laws in 28 states -- including six enacted this year -- address the use of genetic information in the workplace. Forty-eight states also have state disability protections that -- like the Americans with Disabilities Act (ADA) -- may apply.”

          Eric Rolfe Greenberg, director of management studies for the American Management Association (AMA), shared with the subcommittee the results of the AMA’s annual survey questionnaire. “[G]enetic testing is rare in corporate America . . .” Greenberg said. “[W]here done it is performed with the health and safety of workers foremost in mind; and it is widely misunderstood.”

          Mr. Harold P. Coxson, an attorney representing the Genetic Nondiscrimination in Employment Coalition, said, “[T]here is little empirical evidence of widespread genetic discrimination in employment, unlike the mountains of evidence of discriminatory conduct which preceded passage of other nondiscrimination laws, such as Title VII of the 1964 Civil Rights Act, the Age Discrimination in Employment Act, and the Americans with Disabilities Act.”

          Education & the Workforce Committee Chairman John Boehner applauded the subcommittee Members for addressing the issue of genetic nondiscrimination, adding, “It is vitally important that we approach this matter with caution. We will continue to explore this significant issue in the future.”