Worker´s privacy and the forbiddance of workplace discrimination regarding genetic tests

Abstract

This paper refers to genetic testing in the workplace. From the perspective of the worker´s fundamental rights, genetic testing is debatable. It provides information that is relevant for the prevention of labour-related risks and thus contributes to the protection of the worker´s rights to life and limb and mental health. However, genetic testing may violate the worker´s rights of privacy and to non-discriminatory treatment. Also, it is necessary to assess the effects of genetic testing in the rights of other right-holders, like the employer and the State. Considering the lack of specific legislation on this matter in Chile, the author, building on the ex-isting law on fundamental rights, proposes some ways of protecting and integrating these rights.