Moreover, such genetic discrimination masks the fundamental need for adequate leave policies and insurance coverage as well as for reasonable workplace accommodation for all workers who experience temporary or permanent disabilities, for whatever reasons. Currently, most Americans who have health insurance receive it through their place of employment. As the costs of health care continue to rise, employers may perceive an economic incentive to hire employees who they believe are least likely to have future health problems. As the technology improves and genetic tests become less expensive, we can expect that more employers will begin using them. There is no valid justification for employers to perform mandatory DNA testing on their employees, since they are forbidden by the ADA from using this information in employee evaluations.
Insurance is a publicly regulated activity designed to meet broad community goals.
In the case of health insurance, the goal is to ensure access to health care by providing adequate financing mechanisms. In the case of life and disability insurance, the goal is to provide families some measure of economic security following a tragic death or disability. Rating practices for all three types of insurance are becoming increasing stringent, violate individual privacy, and seem geared to identify and insure only the healthy and long-lived. Currently nearly 100 million Americans either lack health insurance or are underinsured. More and more consumers are now unable to obtain affordable life and disability insurance products.