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12 Va. Sports & Ent. L.J. 81 (2012-2013)
Sidelining GINA: The Impact of Personal Genomics and Collective Bargaining in Professional Sports

handle is hein.journals/virspelj12 and id is 85 raw text is: Article Sidelining GINA: The Impact of Personal Genomics and Collective Bargaining in Professional Sports Jennifer K. W agner, J.D., Ph.D.1 INTRODUCTION Since this journal last addressed legal issues regarding the integration of genetic testing in professional sports in 2006,3 the Genetic Information Nondiscrimination Act of 2008 (GINA) became law, with Title II prohibiting employment discrimination on the basis of genetic information; the Supreme Court of the United States issued its controversial, landmark decision in 14 Penn Plaza v. Pyett on collective bargaining agreements and waivers of statutorily-derived nondiscrimination rights;5 and concerns surrounding the use, attempted use, or possibility of use of DNA testing in youth, collegiate, and professional sports contexts repeatedly made headlines in the popular media. A few legal scholars have 'Jennifer K. Wagner is a Research Associate at the University ofPcnnsylvania's Center for the Integration of Genetic Healthcare Technologies and is also a licensed, practicing attorney in Pennsylvania. Before joining the University of Pennsylvania, she was a post-doctoral associate at Duke University's Institute for Genome Sciences & Policy (IGSP). She earned her Juris Doctorate from the University ofNorth Carolina in 2007 and her Doctorate of Philosophy in Anthropology from the Pennsylvania State University in 2010. This work is supported by Grant No. K99HG006446 from the National Human Genome Research Institute (NHGRI). The content ofthis article is solely the author's responsibility and may not represent the official views of the NHGRI or the University of Pennsylvania. 2 The author is grateful to both Paul Haagan, Co-Director of the Center for Sports Law and Policy at Duke University and Stephen Ross, Director of the Institute for Sports Law, Policy and Research at the Penn State Dickinson School of Law for encouraging the author in the development of this manuscript; to Dr. Reed Pyeritz at the University of Pennsylvania for generous mentoring support during the research and writing of this article; to Dr. Orin Starn at Duke University for inspiring the author to integrate sports into her scholarship; and to Blake Harper for being life's best teammate. A.E. Rice, Eddy Curry and the Case for Genetic Privacy in Professional Sports. 6 Va. Sports & Ent. L. J. (2006). 4 Genetic Information Nondiscrimination Act of 2008, 42 U.S.C. 2000ff et seq.. See generally, 14 Penn Plaza v. Pyett, 556 U.S. 247, 129 S. Ct. 1456 (2009). 6See, e.g., Katie Thomas and Brett Zarda, In N.C.A.A., Questions of Bias over a Test for a Genetic Trait. N.Y. Times (Apr. 12,2010) at DI, available at http://www.nytimes.com/2010/04/12/sports/I 2sickle.html; Brett, Zarda, Lawsuit Prompts NCAA to Screen Athletes for Sickle Cell. USA Today (July 2, 2010), available athttp://www.usatoday.com/sports/coltege/2010-06-30-sickle-cell-ncaa-coverN.htm; Michael 81

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