IBM: Hands off our DNA

Today's NY Times has an interesting article about IBM's policy of not using genetic data in hiring decisions or in determining eligibility for company health benefits. IBM may be the first major corporation to specifically outlaw genetic discrimination.

"What I.B.M. is doing is significant because you have a big, leadership company that is saying to its workers, 'We aren't going to use genetic testing against you,' " said Arthur L. Caplan, director of the Center for Bioethics at the University of Pennsylvania medical school.

IBM's action will hopefully serve as an example to other corporations, and to Congress.

This year, the Senate passed a genetic information nondiscrimination bill, by a vote of 98 to 0, and the House is now considering similar legislation. Two years ago, after the Senate passed a genetic privacy act, the House never voted on the legislation. But House sponsors are more optimistic this time. Also, about 40 states have laws that address some aspect of genetic privacy and discrimination.

To some extent, the privacy provisions in existing statutes like the Health Insurance Portability and Accountability Act and disability and civil rights laws already address the issue. They include prohibitions against using personal medical information to discriminate against people in hiring and in providing health insurance.

In an e-mail message to be sent to all I.B.M. employees today, Samuel J. Palmisano, I.B.M.'s chief executive, writes that the spread of gene-testing and genomic research is "enormously promising - but it also raises very significant issues, especially in the areas of privacy and security."