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Teacher Refused Job because relatives have Huntington's Disease

Jane Burgermeister

Vienna

A young teacher in Germany has been refused a permanent job on the grounds that members of her family have Huntington's disease and she is therefore at risk of developing the disease herself.

The teacher was identified as being at a high risk of Huntington's disease—a rare genetic disorder that runs in families—during a medical examination that all applicants to the German civil service, including teachers, have to undergo.

The case has raised concerns that employers could use the legal vacuum on genetic testing that currently exists in Germany to discriminate unfairly against employees.

Professor Spiritos Simitis, the chairman of the German National Ethics Council, which was set up to advise the government on ethical issues in the life sciences, condemned the decision of the Hessen educational authorities.

"A law that puts an acute disease that hinders people from performing a job on the same level as a mere prediction about what a person's health might be like in 10, 20, or 30 years is not acceptable," he said.

"It is not necessarily the case that this young teacher will have certain symptoms at a certain age," he added. "The authorities have rejected her for a job on the basis of a mere prediction and so placed the full burden of the risk on her."

Observing that no one has any guarantees about their future health, Professor Simitis argued that if the government was prepared to accept the risk that civil servants might develop alcoholism, depression, or other forms of ill health—as it does—then it should also accept the risks associated with genetic diseases.

He called on the government to introduce formal legislation to clarify rules for genetic testing.

The teacher is now contesting the decision in court.

Under German employment law, government authorities can reject candidates for the civil service, including teachers, on the grounds of ill health to minimise absenteeism and save money.

The occupational physician who carried out the medical check reported that the teacher was fit to perform her job but said that there was a "higher risk" of future absenteeism because members of her family have Huntington's disease.

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