Genetic testing in the workplace is set to become a controversial issue in Australia, says Minter Ellison partner Dan Williams. Under current Australian law, only state and federal anti-discrimination laws stand in the way to employers introducing genetic testing.

The US Equal Opportunity Commission has mounted a legal challenge against a railway company using genetic testing procedures, but Mr Williams says it’s really no different from other forms of medical testing. “It is no more unlawful than insisting that an airline pilot undergo an eye test.”

While the US case was settled out of court with the employer agreeing to discontinue genetic testing, there’s no guarantee that a similar challenge would succeed in Australia. He said a ban would require new or amended legislation – “but only after  the pros and cons have been debated thoroughly”.