Ban Genetic Discrimination
Copyright 2000 Globe Newspaper Company
The Boston Globe
August 7, 2000, Monday, THIRD EDITION
Richard Sobel and Harold J. Bursztajn
Richard Sobel is senior research associate and Dr. Harold J. Bursztajn
is co-director of the program in psychiatry and the law at Harvard
Medical School.
The magnificent achievement of decoding the human genome raises serious
issues of genetic discrimination.
Knowing an individual's genetic makeup creates the possibility that employers,
health insurance firms, or life and disability insurance companies
may discriminate against people who carry a gene tied to a specific
disease.
While not definitely predicting illness because experiences and the environment
play a central role in disease, knowing that someone of a certain
age possesses, for instance, a genetic mutation for breast cancer
provides a basis for health or life insurance companies to deny coverage
or charge prohibitive rates. An employer might be reluctant to hire
or promote such a person to a higher position for fear she might
become ill later.
In fact, a recent survey of employers by the American Management Association
finds that 30 percent ask for genetic information about employees
and 7 percent admit to using the information for hiring and promotion
decisions.
A full readout of anybody's genetic code will probably find some predictors
of future illness. This, as genome pioneer Craig Venter noted, can
make everyone uninsurable in an era when complete medical confidentiality
is unlikely.
Yet, as both he and his NIH counterpart Francis Collins indicate, in
the most predictive case, schizophrenia, carrying the gene only predicts
about a 50 percent chance of getting the illness since environment
play a powerful role in triggering the disease. While genetic tests
for a few diseases like Huntington's chorea definitely predict eventual
illness, we cannot know how certain the onset of genetic illness
is until we can understand and control the environmental triggers.
For instance, potential mental retardation or hyperactivity from the
genetic condition PKU (phenylketonuria) can be totally avoided by
a diet. More familiarly, cutting back cholesterol intake reduces
the likelihood of heart disease. Thus not only genetic, but also
environmental factors, human choices and personal attitudes, influence
the development of diseases.
Genetic diversity, moreover, can contribute to success in difficult environments:
the apparent genetic flaws of the sickle cell gene can provide immunity
to diseases like malaria. But since genetic markers will probably
be misinterpreted as definite evidence of future illness by companies
avoiding risk, knowing every individuals genome could make anybody
subject insurance or employment discrimination.
Examples of genetic discrimination are now becoming more widely known.
For some time the Air Force restricted black personnel carrying the sickle
cell gene from flying for the unfounded concern that they would lose
consciousness at high altitudes. A former army officer's embarrassment
when his genetic reproductive anomaly was revealed forced him to
move out of town. A North Carolina officer worker diagnosed with
a genetic disease was fired because of the high drug costs for her
employer-insured health plan. More examples will surface as genetic
testing becomes more widespread.
Ethical concerns should prevent this scientific discovery from becoming
the source of discrimination, but more practical reasons indicate
that the potential of genomics research can't be realized for improving
health until people feel secure in consequences of finding out their
genetic makeup. Legislation and regulations need to prohibit discrimination
and deal with the effects of any that occurs.
Universal medical coverage would preempt some of these problems, but
most people today rely on private health insurance, but not the potential
for life insurance or employment discrimination.
Antidiscrimination laws need to be passed or amended specifically to
prevent employers from asking for and using genetic information for
hiring, promotion or firing decisions, and compensate those who are
the victims of discriminatory actions. Health, life, and disability
insurance companies should not be able to request genetic profile
or deny coverage based upon them. Individuals should not be forced
to undergo genetic testing or turn test results to insurers or employers.
Both the public and elected officials have become increasingly concerned
about privacy issues, particularly medical confidentiality. In February
President Clinton signed an executive order outlawing the use of
genetic information in government hiring and promotion decisions.
The American With Disabilities Act bans some genetic workplace discrimination,
and Health Insurance Portability and Accountability Act restricts
from preexisting conditions those identified by genetic tests.
About 35 states have some genetic nondiscrimination laws. Modeling on
civil rights statutes, Massachusetts is posed to pass one of the
strongest bills that prohibits discrimination in banking, housing,
health insurance and employment.
While it gives patients control over their genetic tests, it only sets
up a commission to study life insurers' access to genetic tests.
The climate is right for Massachusetts to lead and for Congress to consider
comprehensive national antidiscrimination legislation such as the
Genetic Nondiscrimination in Health Insurance and Employment Act
or amending the Civil Rights Act of 1964 to bar genetics as a basis
for discrimination. Equal protection in the 14th Amendment needs
to apply to individuals whose genes may suggest future problems.
As privacy in the medical and genetic spheres becomes a political issue
for candidates and voters alike, we can expect to hear more about
employment and insurance discrimination while more people press for
antidiscrimination and compensation measures. Carefully drafted measures
also benefit employers concerned about the potential for unjustified
claims.
This tremendous scientific breakthrough needs to be promoted and protected,
while its social consequences are addressed constructively. By recognizing
the benefits of genetic diversity and keeping potential beneficiaries
from suffering discrimination, we provide more fairness in the life
and health care as well as the basis for more public acceptance of
other advances in science and medicine.