Clinton outlaws genetic discrimination in federal jobs

President Clinton has signed an executive order forbidding the US federal government from using genetic information in employment decisions. The order, which is effective immediately, protects all 2.8 million federal employees from genetic discrimination.

The federal government is the largest individual employer in the United States. By signing the order, President Clinton anticipates the greater role that genomics will have in the near future as the human genome is deciphered, and the decision sets an example for the private sector.

In a conference at the American Association for the Advancement of Science President Clinton said:

“We must not allow advances in genetics to become the basis for discrimination against any individual or any one group. By signing the executive order, my goal is to set an example and pose a challenge for every employer in America, because I believe no employer should review your genetic records along with your resumé.”

Specifically, Mr Clinton's order prevents federal employers from requesting or requiring employees to undergo genetic testing of any kind. It forbids discrimination based on any test that an employee or an employee's relative may have taken and bans genetic classifications of employees in such a way that may deprive them of certain advancement opportunities, such as overseas work or promotions.

The new law also forbids federal employers from disclosing genetic information to third parties. The executive order will allow special exceptions for research purposes, medical treatment of employees, and to ensure occupational health and safety. For instance, testing for mutations induced by work related radiation exposure and for epidemiological database purposes would be allowable under the new law.

President Clinton's order is based on pending legislation in Congress, the Genetic Nondiscrimination in Health Insurance and Employment Act of 1999. This law was introduced into the Senate by two Democrats, senator Tom Daschle of South Dakota and representative Louise Slaughter of New York. It has not yet been enacted, but if passed, would extend federal protections to the private sector.

Currently, only a handful of genetic tests are available, but more are likely to be developed in the next five years. Genetic tests for breast and ovarian cancer, Alzheimer's disease, Huntington's disease and cystic fibrosis are available now, but many people are reluctant to get tested because of fear of employment and insurance discrimination.

There have been scattered reports of denials of coverage in both the private and governmental sectors based on the results of such tests.