Lawmakers look at discrimination due to genetic testing

Jennifer Coleman

Thursday, Feb. 11, 1999 | 9:15 a.m.

CARSON CITY - Nevada legislators passed a law two years ago bar health insurers from discriminating on the basis of genetic testing. Now Sen. Mark James wants to extend that protection to the workplace.

"There are some people who you all know very well, who have a disease in their families who might pass that gene onto their children," James said Wednesday during a Senate Commerce and Labor hearing on his SB16.

"They might or might not develop that disease, but it's a terrible thing that they could be discriminated against on that basis," added James, R-Las Vegas.

James said researchers have found that every person carries eight to 12 genes that could predispose them to alcoholism, high risk behavior or potentially fatal diseases, such as Huntington's disease.

There have been cases involving the use of genetic testing in employment recently, including a high-profile case involving the U.S. Department of Defense.

In that case, the Department of Defense required all members of the armed services provide them with a DNA sample, which would be kept on file for 75 years.

Though the requirement was meant to help identify soldiers killed on the battlefield, no restrictions were placed on the use of the genetic tests. A federal court found the requirement was constitutional, and the policy hasn't been changed.

SB16 would keep the a person's genetic history private, James said.

"I believe deeply that your personal genetic information is personal, and if someone does get that information for some reason, they will not be able to use it against you," he said.

William Stewart, administrator of the Nevada Equal Rights Commission, said he personally agreed with the bill but it could create a burden on his office. The commission handles all claims of discrimination involving employers.

Passing the law would require his office to receive special training in genetic testing, and Stewart said he doesn't have funds for at this time.

Commerce and Labor Chairman Randolph Townsend said if the bill passed, he would support sending a letter to the lawmakers' Interim Finance Committee seeking extra funds if the measure did create a burden.