Store Research
Senate Bill 559 of 2011
November 18, 2011
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Rapid advances in technology that lead to early detection of illnesses may also give rise to the potential for discrimination based on misuse of the genetic information. Examples in California’s past include the 1909 nonconsensual sterilization law that resulted in nearly 22,000 people sterilized because they were deemed to have “genetic defects” until finally repealed in 1979. These genetic defects were, among other things, mental retardation, mental disease, epilepsy, blindness, and hearing loss. Most of these people were young, poor women. Misuse of genetic information was again used as a basis for discrimination in the 1970's when programs were implemented to screen and identify carriers of sickle cell anemia, a disease which predominately affects African Americans, which resulted in difficulty finding employment and health insurance even if the people carrying the sickle cell anemia trait had did not ultimately develop the disease. As recently as the 1990's, the Lawrence Berkeley Laboratory in California used genetic screening for over twenty-five years under the premise of testing employees for drugs. The employees brought suit against their employer, alleging a violation of both federal and California privacy rights which led to a court decision in favor of the employees. (Norman-Bloodsaw v. Lawrence Berkeley Laboratory (1998) 135 F.3d 1260.) In 2008, Congress enacted the federal Genetic Information and Nondiscrimation Act (GINA) which prohibits discrimination in group health plan coverage based on genetic information.