Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Equality, diversity and inclusionReligious discrimination

UK needs to catch up with other countries to protect staff from genetic discrimination

by Personnel Today 17 Jul 2007
by Personnel Today 17 Jul 2007

The UK has fallen behind other countries in protecting employees from unfair discrimination in employment on the basis of their genetic make-up. The US, France, Sweden, Finland and Denmark have already introduced legislation prohibiting genetic discrimination.

Back in 2002, the Human Genetics Commission reported that there was no evidence that employers in the UK were systematically using genetic test results to recruit. That perhaps explains why legislating in this area is not high on the government’s agenda. But this situation is likely to change.

There are already signs that genetic information is being used by employers outside the UK in making recruitment decisions. The International Labour Organization published a report in May 2007 noting concerns about the increasing use of genetic information by employers, citing instances of its use by employers in Germany, the US and Hong Kong.

Developments in genetics are regularly published. In June, the Wellcome Trust identified more than 10 genes as playing a part in common diseases such as diabetes, rheumatoid arthritis, Crohn’s disease, coronary heart disease and Bipolar disorder.

There’s no doubt that the use of genetic information by employers will become increasingly likely as genetic testing becomes cheaper, more accurate, and able to test for a broader range of conditions, so the UK needs specific legislation to regulate the use of genetic information by employers.

While the Disability Discrimination Act 1995 (DDA) provides some protection for employees and job applicants, it does not protect those who have a genetic predisposition to certain conditions. But is there a good reason for this?

If we accept the principle that employment decisions based on actual medical conditions must be justified by the employer, then decisions based on a predisposition to certain conditions should be treated similarly. Such a policy is also likely to have clear benefits from an HR perspective. Decision-making based on unfair discrimination rarely makes good business sense.

Experience shows that people can be subject to unfair treatment for conditions they may develop even if they have no symptoms, because of misunderstanding or prejudice. HIV is a case in point.

The exceptions

That is not to say that employers should not be able to use genetic information in some circumstances.

Employers have a legitimate need to use medical information in recruitment decisions and at other important points in the lifecycle of an employee. Just as the DDA strikes a balance by requiring an employer’s use of such information to be justified, that same policy should apply to the use of genetic information.

However, legislation that simply restricts the use of genetic information may not be enough.

Persuasive arguments exist for protecting an employee’s right not to know certain genetic information, regardless of how that information is used.

Employees may have very good reasons for not wanting to know what genes they carry and what diseases they may suffer in later life. A young woman may not want to know if she carries a gene that predisposes her to breast cancer. She should not have to choose between that right and a job without very good reason.

To decide otherwise could have serious consequences for the protection of civil liberties.

Key points



  • Although there is limited evidence of genetic testing by UK employers, it is likely to become more common.
  • The DDA should be extended to protect employees who have a predisposition to developing certain genetic conditions to prevent unfair discrimination in employment.
  • The Information Commissioner’s code on Employment Practices provides guidance on an employer’s right to access and use personal information (including genetic information).
  • Legislation should go a step further, by restricting employers from requiring staff to undergo genetic testing.

US Bill prohibits discrimination based on genetic conditions
personneltoday.com/40576.article

What do you think? E-mail [email protected]




Personnel Today
Personnel Today

Personnel Today articles are written by an expert team of award-winning journalists who have been covering HR and L&D for many years. Some of our content is attributed to "Personnel Today" for a number of reasons, including: when numerous authors are associated with writing or editing a piece; or when the author is unknown (particularly for older articles).

previous post
Easyjet and Ryanair must apply French employment laws to staff operating from the country, court rules
next post
Atos Origin, IT supplier for London’s 2012 Olympic Games, confirms some jobs will be in Barcelona

You may also like

Transport sector recruitment ‘should be overhauled to improve...

12 Aug 2022

Train conductor unfairly dismissed after ‘black privilege’ comment

10 Aug 2022

How to create an inclusive workplace for religion

29 Jul 2022

‘I’m not an activist: I just want fairer...

25 Jul 2022

Why employers should collect workforce disability data

25 Jul 2022

More than a third of retailers have all-white...

21 Jul 2022

FTSE 100 firms outpace US and Canadian businesses...

19 Jul 2022

Feeling safe at work: Sandi Wassmer talks to...

18 Jul 2022

Next prime minister ‘must introduce ethnicity pay gap...

14 Jul 2022

One in nine UK workers is in insecure...

12 Jul 2022
  • 6 reasons why work-based learning is better than traditional training PROMOTED | A recent Fortune/Deloitte survey found that 71% of CEOs are anticipating that this year’s biggest business disrupter...Read more
  • Strengthening Scotland’s public services through virtual recruiting PROMOTED | This website is Scotland's go-to place for job seekers looking to apply for roles in public services...Read more
  • What’s next for L&D? Enter Alchemist… PROMOTED | It’s time to turn off the tedious and get ready for interactive and immersive learning experiences...Read more
  • Simple mistakes are blighting the onboarding experience PROMOTED | The onboarding of new hires is a company’s best chance...Read more
  • Preventing Burnout: How can HR help key workers get the right help? PROMOTED | Workplace wellbeing may seem a distant memory...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+