Employment Discrimination
Spring 07
The following assignment is due no later than Monday, March 26 in class. You may hand it in early during my office hours. Do not put your name on the paper. Identify yourself by your local phone number. Staple your paper together; omit graphics, file folders or report coverings. You are limited to two pages single-spaced, 11pt font. You may work with other students in gathering and analyzing information. However, your written paper should be completed individually; no collaboration is permitted. The paper should be thorough, concise and complete.
To: Chris Jones
From: Laura Davis, President EmDisc, LLC
RE: Concerns about our consideration of the use of genetic testing of employees
The National Law Journal reports that the rise of genetic testing has touched off a tense legal debate over whether employers and insurance companies should be allowed access to employee’s genetic data. Concern about discrimination based on genetic information is fueled by the explosion in the availability of genetic tests. Genetic information could be a cost saving tool for employers in regards to disability claims, workers’ compensation claims and insurance. These benefits must be balanced against an unprecedented inquiry into private matters.
Please present in a memo to me the arguments in favor of allowing employers to use genetic tests, those against allowing their use, and to predict how the government, employers and employees will handle this issue. Present your findings in a paper (2-page limit). It should be in a narrative format, and address all three points.
Begin your research with looking at these sources (I recommend you do so in this order).
1. What is Genetic Testing?
http://www.lbl.gov/Education/ELSI/genetic-testing.html
2. “Genetic Discrimination and the Workplace: Employee's Right to Privacy v. Employer's Need to Know”, by Marisa Anne Pagnattaro, 39 Am. Bus. L.J. 139.
3. “Congress May Prohibit Genetic Testing for Jobs, Health Coverage” New York Times article, February 14, 2007
http://www.bloomberg.com/apps/news?pid=20601070&refer=politics&sid=afXoodzCP9Js
In addition to the sources provided, use at least three additional current, credible and locatable sources. Cite your sources using MLA format. Assistance can be found at http://www.lib.ohio-state.edu/sites/guides/mlagd.php
Your paper in general should address arguments in favor of allowing employers to use genetic tests, those against allowing their use, and to predict how the government, employers and employees will handle this issue. However, it should also include information about the following:
What is the Human Genome Project and its significance?
What are the ethical concerns and moral implications regarding the availability of the genetic information?
What is the difference between genetic monitoring and genetic testing?
How might an employee bring or argue an ADA case based on genetic testing?
How might an employee bring or argue a Title VII case based on genetic testing?
How might an employee bring or argue a federal constitutional case based on genetic testing?
What are the key provisions of the proposed Genetic Information Nondiscrimination Act (GINA) and its status? Why hasn’t it moved in Congress?
How might an employer argue that she has a legal obligation to perform genetic testing?
Finally, conclude with your opinion as to whether employers should be allowed to use involuntary genetic testing, and if so, how?