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The rise of genetic testing has touched off a tense legal debate over when and if employers and insurance companies should be allowed access to employees' gen-etic data. At issue is whether current privacy laws related to genetics are strong enough to prevent discrimination, and if there are enough regulations governing what companies can and cannot know.
Employment lawyers note that concern about discrimination related to genetic information is at an all-time high due to the explosion in genetic testing: Some 1100 tests are now available, which is double that of 5 years ago.
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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