Gary Avary worked for Burlington Northern Santa Fe Railroad, where he developed carpal tunnel syndrome. When he filed a Workers’ Compensation claim, the railroad told him he had to have a medical exam. His wife, Janice, became suspicious when she found out that this exam required seven vials of his blood to be drawn. She went to the doctor’s office and asked the medical workers what was going on. In this way she discovered that the company was having Gary genetically tested. Along with 36 other railroad workers in the same situation, Gary Avary sued his employer, claiming the testing was being done so that the railroad could blame “any future health problems on their genetic make-up, not the physical stress on the job.”25 What argument can you make that Avary’s right to privacy was violated? How would his case be different if he had worked for the state transportation authority, instead of a privately owned railroad?

Internet Assignment: What was the outcome of this case?