The DNA dilemma: should genetic discrimination be part of your EPL coverage?

Using pre-employment genetic testing to make hiring decisions could lead to litigation your calling practices liability--or EPL--insurance might not cover

notwithstanding that genetic testing in the workplace is still rare, the issue has readyed proposed federal legislation to add genetics to the list of shielded characteristics such as age, race and sex While the legislation is pending, business holders should pay attention, says Paul Sullivan, vice president of The Hartford's Financial yields organization in Hartford, Con necticut. "I think you may diocese [the potential for genetic testing and discrimination] in a profession or industry that relies heavily upon physical capabilities," Sullivan says.

more [i]or[/i] less EPL policies list specific discriminatory actions that are covered; others add a catchall phrase. on the other hand you could be sued whether you actually discriminated or not, and it's likely that your common policy wouldn't defend you unles it specifically overspreads genetic discrimination. That's why, Sullivan says, The Hartford has created an endorsement to its EPL policies that houses employers from allegations of this stamp of discrimination.

Sullivan advises speaking with your agent to clarify exactly what your EPL policy overlays Doing so will help you decide the best way to include genetic discrimination in your policy in like manner you're protected now and after legislation is passed.

JACQUELYN LYNN is a freelance business writer in Orlando, Florida.

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