43 Am. Bus. L.J. 79 (2006)
Workplace Privacy and Discrimination Issues Related to Genetic Data: A Comparative Law Study of the European Union and the United States

handle is hein.journals/ambuslj43 and id is 83 raw text is: 

American Business Law Journal
Volume 43, Issue 1, 79-171, Spring 2006




Workplace Privacy and

Discrimination Issues Related to

Genetic Data: A Comparative

Law Study of the European Union

and the United States

Nancy J. King,* Sukanya Pillay, ** and Gail A. Lasprogata***



I. INTRODUCTION

Imagine you are applying for a clerical job in a laboratory.' The laboratory
offers you a job on the condition that you successfully pass a medical ex-
amination before starting work. You accept the offer and report to the
clinic selected by your new employer for the medical examination. You are
asked to complete a medical questionnaire pertaining to your medical his-
tory. You answer the questions, including whether you have ever had any


*Assistant Professor, College of Business, Oregon State University, Corvallis, Oregon.
**Assistant Professor, Faculty of Law, University of Windsor. I wish to thank the Law Foun-
dation of Ontario for research support, Dean Bruce Elman and faculty and students at
Windsor, and my research assistant, John Lea.
*'Assistant Professor, Albers School of Business and Economics, Seattle University.
  This paper received the 2005 Holmes-Cardozo Award for Excellence in Research from the
Academy of Legal Studies in Business. We wish to express our sincere appreciation for the
encouragement of legal scholarship provided by the Academy of Legal Studies in Business,
and for the years of support from our colleagues in the Academy and in the Pacific Northwest
Academy of Legal Studies in Business.
'The hypothetical situation described in this paragraph is based on the circumstances that led
to litigation by employees of a government-operated research facility who were required to
submit to preplacement medical examinations that included undisclosed genetic testing for
sickle cell trait, as well as testing for other sensitive medical conditions like pregnancy and
syphilis. See Norman-Bloodsaw v. Lawrence Berkeley Lab., 135 E3d 1260, 1270-73 (9th Cir.
1998) (reversing the district court's dismissal of this case on summary judgment because ma-
terial factual issues on the employees' state and federal constitutional privacy claims existed
that merited trial; affirming dismissal of the employees' federal disability claims).
 2006, Copyright the Authors
Journal compilation  2006, Academy of Legal Studies in Business

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