Regulating genetic discrimination in Chinese employment: insights from thalassemia-related cases.

Abstract

Genetic discrimination (GD) involves an individual or a group being negatively treated, unfairly profiled, or harmed, relative to the rest of the population, because of genetic characteristics. Research has examined GD mainly in insurance and employment, with growing attention to immigration, finance, forensics, and education. China, as a major biotechnology actor, has expanded genetic testing and supported rapid growth in gene-sequencing enterprises. These developments have also heightened concerns about GD, particularly in employment contexts. Since 2009, five employment-related GD cases have been reported in China. Two proceeded through judicial processes, while three became discussed social incidents. These cases share several features: all involved individuals carrying thalassemia-related gene mutations; all occurred in southern China, where populations exhibit genetic adaptations to hot, humid climates; and none reached a satisfactory resolution. Notably, all incidents arose within public-sector or quasi-governmental institutions that operate as extensions of state governance. China's legal framework contains significant gaps in addressing employment-related GD, creating risks of systemic exclusion for individuals with certain genetic traits. Because these cases occurred in the public sector, such exclusion restricts political representation. We recommend reviewing sector-specific labor and administrative regulations, classifying genetic information as sensitive personal data, and strengthening mechanisms to ensure employment opportunities.