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35 J. Marshall L. Rev. 457 (2001-2002)
Genetically Defective: The Judicial Interpretation of the Americans with Disabilities Act Fails to Protect against Genetic Discrimination in the Workplace

handle is hein.journals/jmlr35 and id is 473 raw text is: GENETICALLY DEFECTIVE: THE JUDICIAL INTERPRETATION OF THE AMERICANS WITH DISABILITIES ACT FAILS TO PROTECT AGAINST GENETIC DISCRIMINATION IN THE WORKPLACE BRIAN M. HOLT* We're all mutants... [elverybody is genetically defective. Michael M. Kaback' INTRODUCTION In the 1800's geneticists believed that feeblemindedness, criminality, and prostitution were the result of genetic defects.2 Laws were passed to prevent genetically defective individuals from reproducing.3 Based on testimony that the United States' gene pool was in danger, Congress set immigration limits in 1924.4 As recent as the 1970's, African Americans were subjected to employment discrimination based on their status as sickle cell anemia carriers.5 This last example of genetic discrimination is distinguishable from the earlier forms of genetic discrimination because the law promoted the early forms of genetic discrimination6 while the absence of law promulgated the more recent form.7 Genetic discrimination is a fixture in American * J.D. Candidate, June 2003. The author is grateful to George Pain for providing valuable insight, Sarah Lindley and the Editorial Board for their excellent editorial assistance, Travis Holt for challenging his ideas, and Al Holt, Sandy Holt, Derek Holt and the soon to be Rebecca Holt for their support and encouragement. 1. John Rennie, Grading the Gene Tests, SCI. AM., June 1994, at 88, 90-91. Michael Kaback is a professor and Chief M.D. in the Medical Genetics Division at the University of California at San Diego and a pioneer in population screening. Id. at 90. 2. LORI B. ANDREWS, FUTURE PERFECT: CONFRONTING DECISIONS ABOUT GENETICS 19 (Columbia University Press 2001). 3. Id. 4. Id. at 21. 5. Id. at 135. 6. See Andrews, supra note 2, at 19-21 (explaining that laws were passed in order to protect the gene pool). 7. See Andrews, supra note 2, at 135 (describing employment discrimination against African American applicants carrying the sickle cell

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