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29 Hous. L. Rev. 23 (1992)
Genetic Discrimination in Employment and the Americans with Disabilities Act

handle is hein.journals/hulr29 and id is 33 raw text is: ARTICLE GENETIC DISCRIMINATION IN EMPLOYMENT AND THE AMERICANS WITH DISABILITIES ACT Mark A. Rothstein* Table of Contents I. INTRODUCTION: THE HUMAN GENOME PROJECT AND GENETIC DISCRIMINATION IN EMPLOYMENT ...... 24 II. OVERVIEW OF THE AMERICANS wIm DIsABILrTIEs ACT ................................ 34 III. THE ADA AND GENETIC CONDITIONS ............ 39 A. Already-Expressed Genetic Diseases ......... 39 B. Already-Expressed Minor Genetic Conditions . . 41 C. Unexpressed Late-Onset Genetic Diseases .... 43 D. Genetic Predisposition/Increased Risk ...... 45 E. Unaffected Carriers of Recessive and X-Linked Disorders .......................... 47 F. Having a Record of Genetic Disease ......... 50 G. Regarded as Having a Genetic Condition .... 51 IV. GENETIC TESTING UNDER THE ADA ............ 52 A. Preemployment Examinations of Applicants ... 52 B. Employment Entrance Examinations of Conditional Offerees .................... 53 C. Periodic Examinations of Employees ........ 61 V. EMPLOYER ACCESS TO GENETIC INFORMIATION .... 62 A. Releases by Conditional Offerees ........... 63 * Law Foundation Professor of Law and Director, Health Law and Policy In- stitute, University of Houston Law Center. The author is indebted to Lori Andrews, Ellen Clayton, and Bob Silverstein for their insightful comments on an earlier draft of this article. Nancy Stone provided valuable research assistance.

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