Fairness in Employment Settlements

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The settlement at BNR is fair to a limited extent:

The settlement is fair because:
1. It protects the rights of employees against discrimination on the basis of genetic make up.
2. It prevents insurance companies from using genetic information to deny medical coverage or jack up premiums.
3. It prevents the employers from using genetic information for recruitment, promotions and salary fixing.
4. It upholds the rights of employees under the state legislation prohibiting discrimination in the workplace, the Fourth Amendment constitutional prohibition on illegal searches and seizures, title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act.
5. It prevents the employers from using genetic tests to ascertain the genetic deficiencies of employees.
6. The taking of body fluid sample violates the privacy and doing chemical analysis further intrudes on the privacy interests of employees.
7. The employees of Burlington gave consent to testing for their medical condition but not for genetic testing.
8. The company had threatened to fire the employee when he refused consent for testing.
9. It draws attention to the potential misuse of genetic testing.
10. The company sought to find information about employee's predisposition to carpal tunnel syndrome.
This is what the website http://query.nytimes.com/gst/fullpage.htm says "''The affidavits we have tell of workers threatened with losing their jobs because of genetic testing,'' said Ida L. Castro, the chairwoman of the employment commission.

''Individuals, without their knowledge or consent, were being subjected to genetic testing that was not job-related, not necessary,'' Ms. Castro said. ''The only conceivable explanation is that the railroad wanted to use the genetic testing to argue that they would have gotten carpal tunnel anyway, so they shouldn't get workers' compensation.'' The commission acted quickly, Ms. Castro said, ''to protect workers confronted with such an egregious violation of the Americans with Disabilities Act.''

Just two weeks ago, Paul Miller, one of the commissioners, sent out a letter saying that the commission's policy was that genetic discrimination in the workplace violated ...