Atlanta federal
district judge, Amy Totenberg, ruled “a genetic test is a genetic test is a
genetic test.” Can’t really be any
clearer than that. In 2008, Congress
passed the Genetic Information Nondiscrimination
Act,(GINA) protecting
people against discrimination from health insurance companies and
employment. However, in a case of two warehouse
laborers in the photo above, Dennis Reynolds and Jack Lowe respectively; a
genetics test was not used to unveil possible genetic disease risk factors;
instead, it was used to clear their innocence in an ongoing incident at the
warehouse.
There are enormous issues that unraveled
through this odd case. The limits of
genetic testing as stated in the article could open a Pandora’s box. Once DNA
was obtained although for identification reasons, could’ve been tested for a
wide range of sensitive information.
GINA makes it illegal for employers to request, buy, or request genetic
information with respect to the employee.
So whether or not the test was used for identification or health
purposes no longer mattered. Either
reason, the resulting information obtained was through genetics testing and
therefore illegal.
According to the article published in Nature,
‘Devious Defecator’ Case Tests Genetics
Law, The two laborers
were suspected of leaving piles of feces around the facility. In fear of losing their jobs, the two consented
to having their mouths swabbed for DNA, and analyzed for genetic similarities to
the feces. The warehouse’s operations
company, Atlas Logistics Group Retail Services, claims that the tests provided
no medical information, both employees retained their jobs, and there was no
discrimination suffered. Although the
genetic information obtained, did not include health information, it was obtained
through genetics testing. Judge
Totenberg ruled in favor of the two labors and said that it still falls under
the GINA. This is the first case to go
to trial to decide on damages on genetics discrimination not related to genetic
health
Even
though Lowe and Reynolds were cleared from suspicion, the after affect of the
ordeal from humiliations couldn’t have been too warming. Many don’t realize how false accusations can
affect a person emotionally and mentally.
The company could’ve invested in cameras instead of requesting genetics
information. For a fecal situation to
initiate such a big ordeal, the company could’ve invested in a more productive
issue instead of facing a 2.25 million dollar verdict. But in doing so, has led to
questioning the limits of how far and what are the boundaries before one
violates federal law. Genetics is still
such a new study and not many legal guidelines are in place. It is still a growing field that needs more
information to train and educate those unfamiliar with it.
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