posted on Tuesday, October 25, 2005 6:31 PM
by
Rod Satterwhite
Blue Genes
IBM announced earlier this month that it would change its policies to preclude the use of genetic information in making its employment decisions. This has opened the door to much speculation about those employers who are not so far out ahead of this issue. While not prevalent now, the capability of genetic testing on a more widespread basis is just around the corner. The fear is that employers will make hiring decisions based on the results of genetic tests, such as by declining to hire someone with a gene that increases their likelihood of getting a certain disease. As with many other kinds of workplace technology, the law will need to catch up. The Americans with Disabilities Act, for example, only protects employees with a disability, defined as a physical or mental impairment which substantially limits a major life activity. Thus, someone who is “at risk” of having a disease isn’t protected under current law, but could be identified by the results of a genetic test. Aside from its financial interest in genetic testing, IBM’s move strikes me as a prudent way to avoid a lot of the confusion and uncertainty that will shroud this issue over the coming months.
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