Research On The Regulation Of Genetic Discrimination In The Workplace

Employment genetic discrimination is the negative consequence of improper use of genetic information in the workplace,and is a new type of employment discrimination caused by genetic testing technology.Discrimination of employee grades or unreasonable differential treatment based on genetic information.In 2009,Guangdong Foshan Human Resources and Social Security Bureau refused to accept 3shortlisted candidates on the grounds of carrying thalassaemia genes,and 3 candidates filed an administrative lawsuit.This case,known as the "first case of genetic discrimination" in my country,has aroused extensive discussion and deep attention in the society and academic circles on the issue of genetic discrimination in employment.Many scholars have called for legislation to regulate genetic discrimination in order to effectively protect equal rights in employment and maintain human dignity.However,the laws that directly regulate genetic discrimination in employment in my country are still blank.In recent years,with the rapid development of society and technology,the feasibility and necessity of legislation to regulate genetic discrimination in employment has become increasingly prominent.First of all,thanks to the birth of the second-generation gene sequencing technology,the cost of genetic testing has been greatly reduced,and ordinary people and units can obtain their genetic information at a modest price.Secondly,the outbreak of the new crown epidemic has profoundly changed people’s attention to national health.my country officially proposed the "Healthy China Strategy",which proposed to change from disease treatment to health promotion.In this context,genetic testing technology for the purpose of disease prevention has also become an emerging industry strongly supported by the state,and the accuracy and popularity of genetic testing will be further improved.Finally,the degree of protection of genetic information data in my country’s laws has risen to a new level: in the field of private law,the "Personal Information Protection Law" will be promulgated and implemented in 2021,giving citizens a practical legal basis and means to safeguard their rights and interests in personal information;in the field of public law,implemented in 2020 The Regulations of the People’s Republic of China on the Administration of Human Genetic Resources has strengthened the protection of genetic data from the perspective of maintaining national biosecurity.This undoubtedly lays a more solid legal basis for regulating employment genetic discrimination caused by improper use of genetic information.Therefore,this paper attempts to sort out the relevant laws and regulations of employment genetic discrimination in my country,and analyze its insufficiency.Suggestions for improving genetic discrimination regulation.This paper consists of four chapters.The first chapter is an overview of genetic discrimination in the workplace,traces the background and development of genetic discrimination,analyzes the future tendency,sensitivity,concealment,ethnic interests and other characteristics of genetic discrimination in employment,and analyzes the causes of genetic discrimination in the workplace.The subjective and objective reasons lay the foundation for the following in-depth understanding of the legal regulation of genetic discrimination in employment.The second chapter examines the current situation and deficiencies of the regulation of genetic discrimination in the workplace in my country.There is no law directly regulating genetic discrimination in employment in China.On this basis,it analyzes the insufficiency of the existing laws on employment genetic discrimination in my country from the aspects of prevention and ex post relief,and lays a foundation for the definition and improvement of employment genetic discrimination in chapters three and four.The third chapter is the definition of genetic discrimination in the workplace.This is one of the first legislative deficiencies to be solved,and it is also a prerequisite for the study and regulation of employment genetic discrimination.Characteristics After analyzing the feasibility of this principle,the definition rules are refined from the relationship between incidence probability,symptoms,timing,etc.and real occupational qualifications.The fourth chapter is the regulation mode and content suggestion of genetic discrimination in the workplace in my country.Drawing on useful foreign experience and combining my country’s actual situation,it analyzes the advantages and disadvantages of the privacy protection model and the discrimination prohibition model.Two aspects put forward suggestions for improving the regulation of employment genetic discrimination.