GINA, ADA Leave Workers Unprotected From Genetic Risks
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- Genetic Information Nondiscrimination Act (GINA) protects workers from being fired over genetic test results but does not require employer accommodations for future health risks.
- Americans With Disabilities Act (ADA) shields individuals with active disabilities but likewise does not compel employers to provide accommodations based on predicted disease risk from genetic testing.
- Polygenic risk scores estimate disease likelihood by aggregating many genetic variants and are gaining popularity as a personalized medicine tool.
- I. Glenn Cohen, a Harvard Law School professor, warns that existing federal anti‑discrimination laws may be insufficient for employees using polygenic risk scores.
- Employers can legally deny workplace accommodations or fire employees based on future health risk predictions under current law.
Why it matters: Employees with high polygenic risk scores lose workplace accommodation rights, while employers gain the legal ability to deny adjustments, shifting the balance of power toward employers.
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