A controversial new bill known as the Preserving Employee Wellness Programs Act (PEWPA) is quietly making its way through Congress. If passed, this bill would allow companies to require employees to undergo genetic testing or face steep penalties
The bill was introduced by Representative Virginia Foxx (R-NC) and aims to expand employer access to genetic information through a loophole in the Genetic Information Nondiscrimination Act (GINA). Here are the key things to know about this bill and its potential impact on workers:
What Does The Bill Allow Employers To Do?
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Under PEWPA, employers could force employees to take genetic tests as part of “workplace wellness” programs. Employees who refuse could be charged thousands more for health insurance.
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The bill would override privacy protections in GINA, which currently prohibits employers from acquiring genetic information without an employee’s consent.
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Employers would gain access to intimate genetic data and health information of their employees and their families. This data could then potentially be used to make hiring, firing and promotion decisions.
What Are The Main Concerns About The Bill?
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It violates medical privacy and exposes employees to genetic discrimination GINA was passed specifically to prevent this type of coercion and misuse of genetic data,
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There is no evidence workplace wellness programs requiring genetic testing help improve employee health. However, they do shift more healthcare costs onto employees under the guise of “wellness”.
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Once employers have access to genetic data, there are few regulations on how they store it or prevent it from being shared. This leaves employees vulnerable to data breaches and further privacy violations.
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Genetic discrimination could extend to family members as well. If one employee’s test reveals risks, their relatives could also face workplace penalties or lack of coverage despite being healthy.
What Types Of Penalties Could Employees Face For Refusing Testing?
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Under the bill, employees who decline genetic testing could see increases to their monthly insurance premiums – by as much as 30%.
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For employees whose companies don’t provide insurance, refusing testing could mean getting docked pay or other punitive financial actions.
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The financial coercion essentially removes any sense of choice or voluntary consent around genetic testing. Employees must submit their DNA or pay a steep price.
What Are Critics Saying About The Bill?
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Patient advocacy groups, medical professionals and civil liberty organizations have come out against PEWPA, calling it an violation of privacy rights.
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Dr. Ricki Lewis: “Requiring any such test is considered an illegal search under the Fourth Amendment.”
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Jennifer Mathis, Bazelon Center: “[GINA’s] protections would be pretty much eviscerated.”
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Sandra Park, ACLU: “It will open the door to discrimination, as employers may decide to act against employees based on the information they obtain.”
Where Does The Bill Currently Stand?
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PEWPA was approved 22-17 by the GOP-majority House Committee on Education and the Workforce.
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It still needs to pass the full House and Senate. But early approval indicates Republican support.
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The bill could get attached to upcoming GOP healthcare bills, hiding it from closer public scrutiny.
How Can The Bill Be Opposed?
Concerned citizens should contact their Congressional representatives immediately to voice opposition. Genetic testing without consent sets a dangerous precedent for employee exploitation and privacy violations. Speak up now to prevent this bill from becoming law. The health and genetic data of American workers deserves rigorous protection.
