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24 Am. J.L. & Med. 399 (1998)
Protecting Genetic Privacy by Permitting Employer Access Only to Job-Related Employee Medical Information: Analysis of a Unique Minnesota Law

handle is hein.journals/amlmed24 and id is 403 raw text is: Protecting Genetic Privacy by Permitting Employer Access Only to Job-Related Employee Medical Information: Analysis of a Unique Minnesota Law Mark A. Rothsteint, Betsy D. Gelb*, Steven G. Craig*# I. INTRODUCTION One of the most frequently expressed concerns about new scientific discoveries resulting from the Human Genome Project is the potential for genetic discrimination in insurance and employment. The issue of discrimination in insurance, primarily health insurance, has justifiably received widespread attention in the scholarly literature. Among other research, there has been a special task force on insurance of the Joint Working Group on Ethical, Legal, and Social Implications of the Human Genome Project,' a special committee report of the National Action Plan on Breast Cancer,2 a special report of the American Council of Life Insurance and the Health Insurance Association of America3 and numerous reports and scholarly articles.4 t Hugh Roy and Lillie Cranz Cullen Distinguished Professor of Law and Director of the Health Law and Policy Institute, University of Houston; B.A., University of Pittsburgh; J.D., Georgetown University. t Professor of Marketing, University of Houston College of Business Administration; B.J., University of Missouri; M.B.A., University of Houston; Ph.D., University of Houston. # Associate Professor of Economics, University of Houston College of Social Sciences; A.B., Cornell University; Ph.D. University of Pennsylvania. Research on this Article was supported by grant number DE-FG03-97ER62353 from the United States Department of Energy. The authors are indebted to the following consultants on this project: Stephen F. Befort (Minnesota Law); Samuel J. Bresler (Human Resources); Daniel S. Hamermesh (Economics); Myron Harrison (Occupational Medicine); and Seymour Sudman (Marketing). Marsha Greenfield, Legislative Director for Minnesota State Senator Allan Spear, supplied valuable information about the legislative history of the Minnesota Human Rights Amendments of 1983, and Steve Lapinsky of the Minnesota Department of Human Rights assisted immeasurably in our review of the case filings on employment discrimination based on disability in Minnesota. Mark Rothstein would like to acknowledge the expert research assistance of Robin Caneff, J.D. 1999, University of Minnesota; and Anne Chandler, J.D. 1998, University of Houston. Betsy Gelb would like to acknowledge the assistance of Andrea Stanaland. I See NIH-DOE Working Group on Ethical, Legal, and Social Implications of Human Genome Research, Genetic Information and Health Insurance: Report of the Task Force on Genetic Information and Insurance (visited Sept. 4, 1998) <http://www.nhgri.nih.gov/AboutNHGRI/Der/Elsi/itf.html>. 2 See Kathy L. Hudson et al., Genetic Discrimination and Health Insurance: An Urgent Need for Reform, 270 SCIENCE 391 (1995). 3 See AMERICAN COUNCIL OF LIFE INSURANCE & HEALTH INSURANCE ASSOCIATION OF AMERICA, REPORT OF THE ACLI-HIAA TASK FORCE ON GENETIC TESTING (1991). 4 See, e.g., Ray Moseley et al., The Ethical, Legal, and Social Implications of Predictive Genetic Testing for Health Insurance: Policy Analysis and Recommendations (The Human Genome Insurance Project Medical Humanities Program, University of Florida College of Medicine, 1993); Nancy E. Kass, The Implications of Genetic Testing for Health and Life Insurance, in GENETIC SECRETS: PROTECTING PRIVACY AND CONFIDENTIALITY IN THE GENETIC ERA 299 (Mark A. Rothstein ed., 1997); Thomas H.

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