Interested in more information about genetic discrimination
laws? We are covering new material in class Monday—I pass on this great link to
applicable state laws (here). A federal also prohibits this type of employment
discrimination (called Genetic Information Nondiscrimination Act, or GINA). For more, see this link. The main ambiguity
in these statutes is the definition of genetic information. A narrow
interpretation covers only a test that reveals a propensity for disease or
actual condition. By this definition, an employer can use a cheek swab to link
employees to workplace vandalism or theft or similar. But in a key ruling (here), a
federal court rejected this definition and said that Congress intended to
prohibit employers from collecting all genetic information, regardless of the
purpose.
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