GENETIC DISCRIMINATION IN THE WORKPLACE: THE ADA AND BEYOND

Abstract

Recent medical breakthroughs in medicine, such as the Human Genome Project, allow scientists to identify changes in a person’s genetic material or screen them for inherited traits or tendencies. Known as “markers,” these predispositions toward certain diseases predict the development of future diseases. This knowledge not only has the potential for the development of medical treatment, it also has the potential to allow someone’s genetic makeup to be known by other persons, who may make decisions affecting that person’s future. This article examines the current status of genetic information in the employment arena. It discusses legislative actions and judicial rulings that address the questions being raised by the parties involved in this issue, focusing on the efficacy of Americans with Disabilities Act to protect