On April 24, 2008, by a unanimous 95-0 vote, the Senate passed the Genetic Information Nondiscrimination Act (H.R. 493). The act amends Title VII to prohibit employers from discriminating against employees on the basis of genetic information in hiring, firing, and other activities. The act also prohibits employers from collecting genetic information from their employees, except for rare circumstances such as testing for adverse effects to hazardous workplace exposures, and requires strict confidentiality over genetic information possessed by employers. The act also amends ERISA and the Public Health Service Act to prohibit health insurers from discriminating against individuals on the basis of genetic information, prohibiting insurers from requiring genetic testing, tying premiums to genetic information, or considering family history of genetic disorders in making underwriting and premium determinations.

Individuals at risk for genetic diseases or disorders due to risk-profiles or family history, previously might have been “chilled” from seeking beneficial diagnostic genetic testing for fear that a diagnosis could imperil their jobs or insurance. According to its proponents, the bill removes this danger, allowing at-risk individuals to seek testing without adverse insurance or employment consequences. 

For the last several months, H.R. 493 had been subject to a hold placed by Sen. Coburn (R-OK), who sought a “business necessity” exemption for certain employers seeking genetic information from their employees. Sen. Coburn was persuaded to drop his hold on the bill following a compromise which strengthened the separation between the insurance and employment protections. Sen. Coburn and other proponents of the new language believe it will limit frivolous lawsuits. 

An earlier version of the bill introduced by Rep. Slaughter (D-NY) passed the House in April 2007.  The Senate version of the bill will now move to the House, where it is expected to pass next week. The Bush Administration has previously announced its support of H.R. 493 and is expected to sign the bill.