2 S. 1322 would prohibit an employer from requesting or collecting genetic information, except under very limited circumstances. It would prevent the use of this kind of information for hiring, firing, or promotion decisions. It would prohibit health plans from disclosing the information to employers in the first place. And it would prevent an employer from disclosing any genetic information it does obtain to other entities. Although we have always believed, along with many members of Congress, experts at the EEOC, and other advocates, that the ADA protected people from employment discrimination on the basis of genetic information, the EEOC guidance on this subject has never been tested in court.
Additional legislation is needed to ensure that genetic discrimination in employment is illegal.
S. 1322 would reinstate and reinforce the intent we believe Congress had in 1990, through a different mechanism. In addition S. 1322 could fill some of the gaps left by the ADA, by reducing the circumstances under which an employer could request or require genetic information from a prospective or current employee. We also believe that S. 1322 provides a strong and appropriate enforcement mechanism, by allowing those individuals whose rights are violated access to state and federal courts for their claims. Without the ability to enforce the rights, employment protections will be of little use. Indeed, the availability of significant monetary penalties and damages against violators has a deterrent effect, and will be a strong incentive for employers and insurers to comply with the law.