Measure bans genetic discrimination

WASHINGTON — The Senate unanimously passed landmark legislation Thursday barring employers and health insurers from discriminating against people based on their genetic predisposition toward a certain disease or medical problem.

The House overwhelmingly passed similar legislation last year and must now vote to approve the Senate version. President Bush also supports the legislation.

At a time when genetic testing is becoming increasingly common, the law would prevent health insurers from using those test results to cancel, deny or change coverage. The bill also bars employers from using an individual's genetic information when making decisions about hiring, firing and promotions.

"Since no one is born with perfect genes, each one of us is a potential victim of genetic discrimination," said Rep. Louise Slaughter, D-N.Y., a microbiologist who has been pushing for the law for 13 years. "By prohibiting the improper use of genetic information, this bill encourages Americans to undergo the testing necessary for early treatment and prevention of genetic-based diseases."

Slaughter originally introduced the bill in 1995 with the support of the medical community but was blocked by House Republican leaders from bringing it to a vote. Business groups, including the U.S. Chamber of Commerce, the National Retail Federation and the National Association of Manufacturers, have lobbied against the bill, arguing that it could spur frivolous lawsuits.

However, public support for the bill has grown as Americans have become increasingly concerned about the privacy of their genetic histories. A 2004 poll by Johns Hopkins University showed 92 percent of those surveyed did not want employers to have access to their genetic information.

Supporters of the bill, including Sens. Edward Kennedy, D-Mass., and Olympia Snowe, R-Maine, pointed Thursday to real-life examples of genetic discrimination.

In 1998, Lawrence Livermore National Laboratory in Berkeley was found to have been performing tests for syphilis, pregnancy and sickle cell anemia on employees for years without their knowledge. In 2000, the Burlington Northern Santa Fe Railway was found to have performed genetic tests on unknowing workers. In the 1970s, blacks were widely denied jobs if they were found to have the sickle cell gene even though they did not have the disease itself.