Monday 28 April 2008

Excluded Again

The US Genetic Information Non Discrimination Act will now protect everyone from having their genetic information un-necessarily disclosed, or used as cause for discrimination in employment etc.

This bill was passed almost unanimously. The Senate passed the Act 95-0. The House passed an earlier version 420-3.

Except..... not "everyone" is protected. Some pigs are more equal than others. Again.
4) GENETIC INFORMATION-

(A) IN GENERAL- The term `genetic information' means, with respect to any individual, information about--

(i) such individual's genetic tests,

(ii) the genetic tests of family members of such individual, and

(iii) the manifestation of a disease or disorder in family members of such individual.
...

(C) EXCLUSIONS- The term `genetic information' shall not include information about the sex or age of any individual.
So if you're Intersexed or Transsexual, with genes that don't match your appearance, you're excluded. Again. Deliberate or an oversight? Not that it makes any practical difference. Probably an oversight, they didn't consider the implications to IS or TS people. At least, I hope they didn't.

There's no genetic test for age, of course.

UPDATE:

The legislation says, in effect:

It shall NOT be an unlawful employment practice for an employer--

(1) to fail or refuse to hire, or to discharge, any employee, or otherwise to discriminate against any employee with respect to the compensation, terms, conditions, or privileges of employment of the employee, because of genetic information with respect to the sex of the employee (though it is for all other genetic information); or

(2) to limit, segregate, or classify the employees of the employer in any way that would deprive or tend to deprive any employee of employment opportunities or otherwise adversely affect the status of the employee as an employee, because of genetic information with respect to the sex of the employee (though it is for all other genetic information).

(b) Acquisition of Genetic Information- It shall NOT be an unlawful employment practice for an employer to request, require, or purchase genetic information with respect to the sex of an employee or a family member of the employee (though it is for all other genetic information).
See the problem?

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