James M. Jeffords: “Although many of us came into today's debate believing that the ADA did in fact cover genetic discrimination in the…”

“Although many of us came into today's debate believing that the ADA did in fact cover genetic discrimination in the workplace, we certainly understand the importance of this issue and of the need to hold a hearing on this issue. However, I would like to emphasize that as recently as a few months ago experts in employment law and, in particular, EEOC Commissioner Paul Miller is quoted as stating that * * * discrimination against an employee on the basis of diagnosed genetic predispositions toward an asymptomatic condition or illness is covered under the ADA's ``regarded as disabled'' prong. So it is not as if we approached this debate believing that employees should not be protected against genetic discrimination in the workplace. We simply thought that they already were covered. I want to reassure my colleagues that the HELP Committee will hold a hearing in the near future on this issue and that if we find that the ADA is not providing protection to workers we will develop and pass legislation to ensure that genetic information is properly protected.”