https://www.congress.gov/bill/115th-congress/house-bill/1313/text?r=39
A bill passed out of committee to mandate that everyone submit to genetic testing at the request of their employer and that the employer be given the results.
"(b) Collection Of Information.—Notwithstanding any other provision of law, the collection of information about the manifested disease or disorder of a family member shall not be considered an unlawful acquisition of genetic information with respect to another family member as part of a workplace wellness program described in paragraph (1) or (2) offered by an employer (or in conjunction with an employer-sponsored health plan described in section 2705(j) of the Public Health Service Act (42 U.S.C. 300gg–4(j))) and shall not violate title I or title II of the Genetic Information Nondiscrimination Act of 2008 (Public Law 110–233). For purposes of the preceding sentence, the term “family member” has the meaning given such term in section 201 of the Genetic Information Nondiscrimination Act (Public Law 110–233)."
In essence, this overrides the current law, GINA, genetic privacy and nondiscrimination law and allows an employer to set up a "wellness initiative/program" within the company and thus authorizes them to mandate, repeat mandate, that employees have their DNA tested and the results are then given to the employer or face fines or repercussions.
Read, Section 3(a)(1)(A)(iii), it specifically overturns section 202(b)(2) of the Genetic Information Nondiscrimination Act of 2008. This section provides the employee a number of protections from invasion of privacy.
So, what's in that section of GINA, and what protections are established? Here's the relevant portion of GINA that will be invalidated by this legislation.
42 U.S. Code Chapter 21F - PROHIBITING EMPLOYMENT DISCRIMINATION ON THE BASIS OF GENETIC INFORMATION
Sec. 202 - Employer Practices
(b) Acquisition of Genetic Information.--It shall be an unlawful employment practice for an employer to request, require, or purchase genetic information with respect to an employee or a family member of the employee except--
(2) where--
(A) health or genetic services are offered by the employer, including such services offered as part of a wellness program;
(B) the employee provides prior, knowing, voluntary, and written authorization;
(C) only the employee (or family member if the family member is receiving genetic services) and the licensed health care professional or board certified genetic counselor involved in providing such services receive individually identifiable information concerning the results of such services; and
(D) any individually identifiable genetic information provided under subparagraph (C) in connection with the services provided under subparagraph (A) is only available for purposes of such services and shall not be disclosed to the employer except in aggregate terms that do not disclose the identity of specific employees;
Imagine the control over people's lives this would give employers, including the largest employer---the US Government.
Suppose you were working for a company and they were given your DNA profile. They learn that you have a genetic marker which could lead to a disease/abnormality which could cost millions to treat. You would pose a risk to their bottom line and they decide you are no longer needed. Or, suppose you decide to marry and you apply for your license. They government dork checks your DNA profile and sees that you or your fiance' post a costly risk should you have children. They deny your license.
Given what we have learned from this week's Wikileaks dump in regards to spying on everyone, it's not too far-fetched to see what could be done to people if your employer or the federal government has access to your DNA profile. Dr. Mengele would be proud.
https://www.congress.gov/bill/115th-congress/house-bill/1313/text?r=39
A bill passed out of committee to mandate that everyone submit to genetic testing at the request of their employer and that the employer be given the results.
"(b) Collection Of Information.—Notwithstanding any other provision of law, the collection of information about the manifested disease or disorder of a family member shall not be considered an unlawful acquisition of genetic information with respect to another family member as part of a workplace wellness program described in paragraph (1) or (2) offered by an employer (or in conjunction with an employer-sponsored health plan described in section 2705(j) of the Public Health Service Act (42 U.S.C. 300gg–4(j))) and shall not violate title I or title II of the Genetic Information Nondiscrimination Act of 2008 (Public Law 110–233). For purposes of the preceding sentence, the term “family member” has the meaning given such term in section 201 of the Genetic Information Nondiscrimination Act (Public Law 110–233)."
In essence, this overrides the current law, GINA, genetic privacy and nondiscrimination law and allows an employer to set up a "wellness initiative/program" within the company and thus authorizes them to mandate, repeat mandate, that employees have their DNA tested and the results are then given to the employer or face fines or repercussions.
Read, Section 3(a)(1)(A)(iii), it specifically overturns section 202(b)(2) of the Genetic Information Nondiscrimination Act of 2008. This section provides the employee a number of protections from invasion of privacy.
So, what's in that section of GINA, and what protections are established? Here's the relevant portion of GINA that will be invalidated by this legislation.
42 U.S. Code Chapter 21F - PROHIBITING EMPLOYMENT DISCRIMINATION ON THE BASIS OF GENETIC INFORMATION
Sec. 202 - Employer Practices
(b) Acquisition of Genetic Information.--It shall be an unlawful employment practice for an employer to request, require, or purchase genetic information with respect to an employee or a family member of the employee except--
(2) where--
(A) health or genetic services are offered by the employer, including such services offered as part of a wellness program;
(B) the employee provides prior, knowing, voluntary, and written authorization;
(C) only the employee (or family member if the family member is receiving genetic services) and the licensed health care professional or board certified genetic counselor involved in providing such services receive individually identifiable information concerning the results of such services; and
(D) any individually identifiable genetic information provided under subparagraph (C) in connection with the services provided under subparagraph (A) is only available for purposes of such services and shall not be disclosed to the employer except in aggregate terms that do not disclose the identity of specific employees;
Imagine the control over people's lives this would give employers, including the largest employer---the US Government.
Suppose you were working for a company and they were given your DNA profile. They learn that you have a genetic marker which could lead to a disease/abnormality which could cost millions to treat. You would pose a risk to their bottom line and they decide you are no longer needed. Or, suppose you decide to marry and you apply for your license. They government dork checks your DNA profile and sees that you or your fiance' post a costly risk should you have children. They deny your license.
Given what we have learned from this week's Wikileaks dump in regards to spying on everyone, it's not too far-fetched to see what could be done to people if your employer or the federal government has access to your DNA profile. Dr. Mengele would be proud.
https://www.congress.gov/bill/115th-congress/house-bill/1313/text?r=39
