The legislation, which also has to pass through the House of Representatives, is designed to prevent employers from using information on susceptibility to debilitating or life-threatening illnesses to make employment decisions such as who to recruit, promote or dismiss. It also covers insurance companies that use genetic testing as a condition to eligibility for insurance or use it to set premium levels.

Perhaps for the first time, a form of discrimination is being legislated for before it is a major problem. There have been some cases in the US, including the Burlington Northern Santa Fe Railroad settlement, where the employer secretly tested its employees for a genetic condition that causes carpal tunnel syndrome. In Australia, the Genetic Discrimination Project found examples of individuals who had undergone genetic testing claiming discrimination.

However, XpertHR recently reported on evidence [subscription required] that UK employers have yet to use genetic testing to screen employees or potential recruits. The Government has ruled out, at least for the foreseeable future, introducing legislation covering discrimination on the grounds of ’genetic predisposition’, in its consultation on the Single Equality Act.

With the science of genetics advancing all time, could we see legislation in the next few decades, or is this one form of discrimination too many?

Read the full text of the Genetic Information Non-discrimination Bill 2007 on the Library of Congress website. The BBC website has more on the story.

UPDATE: The Bill was accepted by the House of Representatives on 1 May 2008, by a vote of 414 to one.