Genetic-Based Discrimination

What is genetic-based discrimination?

Genetic-based discrimination is unfavorable treatment of individuals based on their genetic information : including genetic test results, family medical history, or participation in genetic counseling.

It is important to note that this type of discrimination is not acceptable and should not be a factor in determining a candidate’s suitability for a job. However, many individuals may be afraid of undergoing genetic testing for fear of discrimination from other companies or organizations in the future. This is why it is essential for strict laws to be implemented to identify and prevent genetic-based discrimination, and to protect individuals’ genetic information from being used for discriminatory purposes. Such laws should also consider protecting individuals’ privacy and confidentiality with regards to their genetic information. HBR’s diversity research highlights genetic discrimination as an emerging risk area as consumer genetic testing proliferates : HR teams must proactively ensure that genetic information (including family health history) never enters employment decision-making.

How can genetic-based discrimination occur?

Genetic-based discrimination can occur in a variety of ways, but some common examples include:

1. Pre-employment genetic testing: Some companies may require job candidates to undergo genetic testing as part of the recruitment process. If the results of the testing indicate that the candidate has a genetic predisposition to a certain inherited disease, the company may use this information to exclude or discriminate against the candidate.
2. Genetic information in the workplace: Employers may use genetic information about their employees to make decisions about promotions, assignments, or other employment opportunities. For example, an employer may assume that an employee with a genetic predisposition to a certain disease will have more frequent absences or require more accommodations, and use this information to discriminate against the employee.
3. Health insurance: Insurance companies may use genetic information to deny coverage or charge higher premiums to individuals who have a genetic predisposition to certain diseases.
4. Family medical history: Employers or insurance companies may discriminate against individuals based on the genetic information of their family members. For example, an employer may assume that an individual with a family history of a certain genetic condition will also develop the condition and use this information to discriminate against the individual.
5. Genetic testing in the community: Some employers or insurance companies may ask for genetic testing results from the candidates or customers without their consent, and use the results to discriminate.

It is important to note that these are just a few examples of how genetic-based discrimination can occur and it can happen in many other forms. However, laws and regulations have been put in place to prevent genetic-based discrimination and protect individuals from such discrimination.

How can genetic-based discrimination be prevented?

Preventing genetic-based discrimination requires a multifaceted approach that includes legal protections, education, and policies to ensure that individuals’ genetic information is not used for discriminatory purposes. Some steps that can be taken to prevent genetic-based discrimination include:

1. Legal protections: Laws and regulations should be put in place to protect individuals from genetic-based discrimination. This includes laws that prohibit employers and insurance companies from using genetic information to make employment or coverage decisions, and laws that protect individuals’ privacy and confidentiality with regards to their genetic information.
2. Education: It is important for employers, employees, and the general public to be educated about the issue of genetic-based discrimination and the laws and regulations that protect individuals from it.
3. Policies: Companies should have policies in place to prevent genetic-based discrimination and to ensure that employees are not being treated differently based on their genetic information. These policies should also include guidelines for maintaining the privacy and confidentiality of genetic information.
4. Encourage the use of genetic counselors: Encourage individuals to seek genetic counseling before and after undergoing genetic testing. Genetic counselors can help individuals understand the potential implications of genetic testing results and make informed decisions about testing and sharing their results.
5. Encourage the use of informed consent: Encourage individuals to provide informed consent before undergoing genetic testing and before sharing their results with others. This can help ensure that individuals are aware of the potential implications of genetic testing and can make informed decisions about testing and sharing their results.
6. Monitor and enforce laws and regulations: Regularly monitor and enforce laws and regulations that protect individuals from genetic-based discrimination. This includes investigating complaints of genetic-based discrimination and taking appropriate action to address any violations of the law.
7. Encourage self-advocacy: Encourage individuals to advocate for themselves and their rights with regards to genetic-based discrimination. This includes educating themselves about their rights and the laws and regulations that protect them.

By taking these steps, individuals, companies and the government can work together to create a culture that respects and protects individuals’ genetic information, and promotes equal opportunities and non-discrimination. SHRM’s GINA compliance guidance recommends periodic audits of wellness programs, medical questionnaires, and health benefit applications to ensure inadvertent genetic information collection is eliminated.

GINA compliance requires active vigilance in all health-related HR processes. Organizations using pre-employment assessments ensure every hire is grounded in verified skills. A data-driven hiring plan reduces mis-hire risk, while strong talent acquisition practices focused on skills-based hiring help organizations attract and retain top talent.

Frequently asked questions