The Genetic Dilemma for HR

I read an article on Scientific American about genome based medical decisions that was rather interesting. It described how we are getting to the point in the medical field about personalized drug regimens based upon the patients genetic make-up. Research has found that not everyone responds the same way to a particular drug even though they may have the "same" disease. Treatment can vary, for example with high blood pressure, depending on the individual's genetic make up. The way doctors discover the proper drug to treat something is through trial-and-error (ever watch House?). Well this is an expensive way to treat someone and certainly raises the cost of medical care delivery. It would be less expensive, more effective and quicker if the patient's genome map was known so that the proper course of treatment could be selected right away.

Here however is the dilemma this puts HR in. There is already pressure to make sure that genetic information is not being used in employment decisions, which is not really that big of an issue because most of us don't really know the genetic make-up of our employees. However, if the medical field moves to using this information for treatment purposes HR will potentially have access to this information despite the best efforts of HIPAA and the ADA. So you would think it is in the best interest and safety of the company not to be exposed to this information. However, with the tremendous pressure on HR to lower healthcare costs, to hold the line on the cost of insurance coverage companies provide to employees, it would make sense to encourage the use of this information because it is less expensive, more effective and quicker.

So where do we go with this? I think we are going to see increasing regulation, an increase in necessary safeguards, and an ever increasing burden on HR to insure privacy of this information. What is your take.

Biometric Information in Employment Decisions

In the state of Georgia, State Representative Ed Setzler has introduced a bill to outlaw the use off biometric information in employment decisions. This data includes:

• Information derived from genetic testing.
• Biometric information other than genetic testing; provided, however, that this condition may be waived when necessary for employment in positions that involve unaccompanied access to high security areas, intelligence information or children.
• Any information derived from biometric sensors.
• Any information derived from personal location tracking technologies.

Additionally, House Bill 276, the Biometric Information Protection Act would bar:

• Insurers from requiring genetic testing information to determine an applicant’s eligibility or premiums for life insurance.
• The implanting of sensors or personal location tracking devices.
• Educational institutions from using biometric information in enrollment decisions.

Meanwhile, in Washington, D.C., Congress is currently considering the Genetic Information Nondiscrimination Act (HR 493), which would similarly bar employers and insurers from using genetic information in employment and insurance decisions. The bill has cleared the House Education and Labor Committee. (Source: SHRM Online)

I am not sure how to digest this. I am not one for creating laws just to be creating laws. Is this an issue with anyone? Are any of you out there taking genetic samples of employees or applicants and using this data in your employment practices? Better yet, are any of you implanting devices in your employees to keep track of them? (Well on second thought that might cut down on absenteeism.) I think this legislation is solving a problem that does not exist yet. What do you think?