Genetic discrimination and genetic testing in the field of employment – basic legal issues

Stojković-Zlatanović, Sanja (2015) Genetic discrimination and genetic testing in the field of employment – basic legal issues. Strani pravni život, 59 (2). pp. 157-168. ISSN 0039-2138 eISSN 2620-1127

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Abstract

The paper points out the importance of legal regulation of genetic discrimination as a challenge to modern law and the consequence of the development of medicine as a science. The end of the 20th and beginning of the 21st century was marked by great technical and technological achievements including innovations in the field of medical science, enabling research “sensitive” areas of medicine - human genetics. Law is required to follow such changes and prevent the possible abuse of genetic information. We applicated comparative and normative methods in order to define genetic discrimination and genetic testing in the workplace. Also we try to identificate the basic legal issues of genetic testing in the field of employment and labor. Genetic testing in the workplace is allowed only in order to protect health and safety of the employees but only as an option not an obligation for employees. Employers have an obligation to offer and pay genetic testing and if this offer has been accepted from employee, employee will decide about the revealing results of genetic testing to employer. The results will be treated as confidential. It ensures the respect of the right to work, right to privacy and the protection of health and safety at work.

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