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- Title
GINA, PRIVACY, AND ANTISUBORDINATION.
- Authors
Areheart, Bradley A.
- Abstract
This Essay briefly considers both the current and optimal role of privacy in employment discrimination jurisprudence. The recently-passed Genetic Information Nondiscrimination Act (GINA) is illustrative of a possible trend in employment discrimination toward privacy. In particular, GINA includes a prohibition on the use of genetic information in all employment decisions, affording a measure of genetic privacy to potential and current employees. GINA stands in contrast to prior employment discrimination statutes, which have often encouraged or required employers to be knowledgeable of and consider a particular identity trait through policies such as reasonable accommodation, affirmative action, and the disparate impact doctrine. There is thus a tension between privacy and effectuating certain employment discrimination policies that are directed toward antisubordination ends. After exploring the tension that sometimes exists between privacy and antisubordination, this Essay argues that, in the statutory areas of the Americans with Disabilities Act (ADA) and GINA, it is preferable to forego privacy to fight subordination by taking account of particular health-related traits and information.
- Subjects
UNITED States; RIGHT of privacy in employment; ANTI-discrimination laws; LABOR laws; GENETICS laws; DISPARATE impact (Law); AMERICANS with Disabilities Act of 1990; EMPLOYERS; STATUS (Law)
- Publication
Georgia Law Review, 2012, Vol 46, Issue 3, p705
- ISSN
0016-8300
- Publication type
Essay