Wearing genes to work.

Add genetic testing to the list of potential worries for risk managers.

Federal law bars discrimination based on age, race, gender and other protected characteristics, but is now considering adding "genetic makeup" to the law.

The 98-0 Senate vote on Feb. 17 approved a bill that would provide protection for employees who refuse to have genetic testing because of fears the results might cost them their health insurance, or even their job. A related bill, H.R. 1227, is being reviewed by a committee in the House of Representatives.

If the bill passes, there could be a gap in most Employee Practices Liability policies, which are designed to protect an employer from allegations of discrimination.

The Hartford Financial Services Group Inc. has amended the definition of wrongful act in its EPLI policies to include discrimination based on an individual or group's genetic makeup, or discrimination based upon an individual's refusal to submit to genetic testing.

Paul Sullivan, vice president at Hartford Financial Products, said, "While it isn't law today, with genetics becoming more mainstream, it's very appropriate for employers to have this coverage. Even though it's unheard of that employers would be subjecting employees to testing, it's very timely and likely that an employee could allege that because something was known about their genetic makeup that inappropriate action was taken."