Employers should be cautious about using genetic information in making employment decisions, advises the Pepper Hamilton law firm. “Employees are apprehensive that employers and health insurers may increase premiums for people who have certain genetic markers, or that insurers may deny, limit or cancel their insurance coverage,” says Pepper Hamilton associate Amy McAndrew.

According to the law firm, the Genetic Non-Discrimination Act is pending before the Congress; the Act would prohibit employers from refusing to hire applicants, discriminating against or discharging employees because of their genetic information. Even without a federal genetic nondiscrimination law, Pepper Hamilton says “creative plaintiffs” have alleged genetic employment discrimination under existing laws, including the Americans with Disabilities Act and Title VII.