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There are numerous laws put in place to protect us from workplace discrimination ranging from the Civil Rights Act (CRA), Age Discrimination in Employment Act

There are numerous laws put in place to protect us from workplace discrimination ranging from the Civil Rights Act (CRA), Age Discrimination in Employment Act (ADEA), Americans with Disabilities Act (ADA), and the Family Medical Leave Act (FMLA). However, the implications of the Genetic Information Nondiscrimination Act (GINA) may have some of the more interesting effects on our future employment. Just consider the case below...

The Equal Employment Opportunity Commission (EEOC) filed a suit against the Burlington Northern Santa Fe (BNSF) Railroad for secretly testing its employees for a rare genetic condition (hereditary neuropathy with liability to pressure palsies - HNPP) that causes carpal tunnel syndrome as one of its many symptoms. BNSF claimed that the testing was a way of determining whether the high incidence of repetitive-stress injuries among its employees was work-related. Could the lack of this genetic marker be considered a bona fide occupational qualification (BFOQ)? Besides testing for HNPP, company-paid doctors also were instructed to screen for several other medical conditions such as diabetes and alcoholism. BNSF employees examined by company doctors were not told that they were being genetically tested. One employee who refused testing was threatened with possible termination. On behalf of BNSF employees, the EEOC argued that the tests were unlawful because they were not job-related, and that any condition of employment based on such tests would be cause for illegal discrimination based on disability. The lawsuit was settled quickly, with BNSF agreeing to everything sought by EEOC.

What are your thoughts on how genetic testing may impact the future of personnel selection? Are there some health-related conditions that you think could be useful to screen for in some job settings? Might it be possible for some genetic testing to be useful in employment or is this too dangerous of a path? With advances in gene-editing technology, would you be willing to change your own genetics for the right job?

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