Genetic Information

In the ACT it is against the law for someone to discriminate against you because of a characteristic that you have, or that someone thinks you have, in an area of public life such as employment, education, accommodation, provision of goods and services, and clubs.

It is against the law for someone to discriminate against you because of your genetic information, for example, on the basis of genetic tests or other indications that you may be predisposed to a disability. It is also against the law for someone to discriminate against you on the basis of a disability you may have in the future, based on an actual or presumed genetic predisposition to a disability, regardless of any genetic indication of predisposition.

Example of genetic information discrimination

William applied for a job and was asked to participate in a pre-employment medical exam. William disclosed that his mother has Huntington’s disease, which means that he has a 50% chance of inheriting the disease. William currently has no symptoms of this disease. William was required by his prospective employer to undergo genetic testing before they would consider his application further.

Are there any exceptions?

It is not unlawful to discriminate against someone in relation to the terms of an insurance policy if the discrimination is reasonable in the circumstances, having regard to any statistical data on which it is reasonable to rely.

It is also not unlawful to discriminate against someone if the adjustments required to be made would impose an unjustifiable hardship on an employer or on a person providing access to premises, and goods and services.