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8 Willamette Sports L.J. 52 (2010-2011)
The Impact of the Genetic Information Nondiscrimination Act on Sports Employers: A Game of Balancing Money, Morality, and Privacy

handle is hein.journals/wlmsplj8 and id is 112 raw text is: The Impact of the Genetic Information Nondiscrimination Act on Sports Employers: A Game of Balancing Money, Morality, and Privacy Rohan Hebbar I. Introduction .................................................... 52 II. Understanding the Importance of Genetic Information and Genetic Testing ............ 53 A. Definition of Genetic Information and Genetic Testing .... ................... 53 B. Significance of Genetic Testing ................................... 53 III. Genetic Testing in Sports .............................................. 54 A. MLB's Use of Genetic Testing to Determine the Age of Potential Employees ............................................... 55 B. NBA's Use of Genetic Testing to Examine Genetic Defects in Current Employee: The Case of Eddy Curry............................. 56 C. The Genetic Information Nondiscrimination Act of 2008 ...... .......... 58 1. Background and Language of GINA .............................. 58 2. Reasons for GINA ............................. ......... 58 3. Protections Offered by Title II of GINA .................. ..... 60 D. GINA's Impact on the Genetic Testing in Sports .................... 60 1. GINA's Impact on Testing for the Purpose of Age and Identity Verification ....................................61 2. GINA's Impact on Testing for the Purpose of Ascertaining Genetic Diseases ..................................... 62 IV. Conclusion.................................................... 63 I. Introduction On Sunday morning, January 18, 2010, Chicago Bears' starting defensive end Gaines Adams went into cardiac arrest and later died. Adams was just 26 years old and was in great physical condition.' He died of a genetic condition known as hypertrophic cardiomyopathy (HCM), a heart condition that is the leading cause of sudden deaths among athletes.2 Adams' sudden death begs the question: could this tragedy have been prevented if the Bears required Adams to take a simple genetic test? The answer to this question is probably yes, but Congress, through its passage of the Genetic Information Nondiscrimination Act of 2008 (GINA), makes it illegal for employers to compel an employee to provide genetic information.3 The Act prevents employers from using an employee's genetic information in making hiring, firing, and other decisions.4 It is easy to see how the privacy requirements of GINA benefit employees. If GINA were not in place, the Bears could have required Adams to take a genetic test that 1 Melissa Isaacson, Adams was a Great Kid, January 18, 2010, available at http://sports.espn.go.com/chicago/nfl/columns/story?columnist=isaacsonmelissa&id=4834706. 2 Melissa Isaacson, Sometimes There are No Answers, January 24, 2010, available at http://sports.espn.go.com/chicago/nfl/columns/story?columnist=isaacsonmelissa&id=4837804. 3 42 U.S.C.A. § 2000ff (West 2008). 4id. SPRING 2011 52

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