AFFIRMATIVE — EMPLOYMENT — GENETIC SCREENING — INHERENCY 296

EEOC/TITLE SEVEN IS INADEQUATE

EEOC GENETIC TESTING PROTECTIONS ARE UNTESTED

ARMOND BUDISH, The Plain Dealer March 26, 2000, SECTION: LIVING; Pg. 7L TITLE: HAVING THE WRONG GENES CAN COST YOU YOUR JOB // acs-VT2001

The Equal Employment Opportunity Commission has taken the position that the disabilities act bars discrimination due to the perception that a person is predisposed to illness. But the courts have not yet affirmed that view.

And one of the biggest problems is that nothing in the act prevents employers from getting genetic information. Employers cannot obtain any medical information from or about job applicants until a "conditional" job offer is made; but at that time, an employer can require an employee to provide a complete medical history, including private genetic test results.

TITLE VII IS AN INADEQUATE PROTECTION FROM GENETIC DISCRIMINATION

Deron H. Brown, JD Candidate, Thomas Jefferson School of Law, Spring 2000; Thomas Jefferson Law Review, "Book Review: Privacy in the Information Age," EE2001-hxm lxnx

However, Norman-Bloodsaw represents the exception rather than the rule. Overall, only a fraction of genetic conditions are known to be associated with a particular protected class. In general, Title VII cannot adequately protect employees from genetic discrimination in the workplace.