The Society for Industrial and Organizational Psychology SIOP Division 14 of the American Psychological Association Organizational Affiliate of the American Psychological Society SIOP Information TIP JobNet Conference Site Search Consultant Locator Homepage Graduate Programs Media Publications Links First Executive Order of the 21 st Century Addresses Employment Discrimination Heather R. Fox Towson University On February 8, President Clinton signed Executive Order 13145 prohibiting federal departments and agencies from discriminating in any hiring or promotion decision on the basis of protected genetic information. Although the Executive Order only applies to the federal sector, legislation has been introduced to extend similar protections to the private sector and to individuals purchasing health insurance. Recent media attention and potential lawsuits may be enough to prompt congressional hearings in 2000. The EEOC has said it considers discrimination against workers with a genetic predisposition for a disease to be a violation of the Americans with Disabilities Act. The agency has taken the same position concerning medical tests, such as the nerve-conduction test or tests that look for genetic markers, such as breast cancer, sickle cell trait, and Huntington's disease.
Employers argue that it is an effective and reasonable way to control health care costs.
As predictive medical testing and genetic testing become widespread, it will be a thorny issue for the courts to balance the rights of employers to protect their performance and profits with the potential misuse of employee's private information.