...Santa Fe and Genetic Testing Oren L. Jones Trident University International ETH 501 Introduction The topic of genetic testing is a delicate issue that today’s employers must face. There basically two distinct routes employers can travel in regards to genetically screen their current and prospective employees. Employers can choose to utilize increasingly precise, efficient, and inexpensive genetic testing in order to determine the genetic traits, and identify any deficiencies within their workforce. This particular avenue may potentially expose employers to numerous liability and litigation issues. Specifically, the Fourth Amendment and the Americans with Disabilities Act were created with the purpose of protecting medical and genetic privacy. Additionally, employers may choose to overlook the practice of genetic screening all together. However, this outcome could possibly lead to a number of employer liability concerns such as; increased health insurance costs, violations of the Occupational Safety and Health Administration, etc. With the rapid development of genetic technology on the rise, employers today are faced with an overwhelming dilemma. BNSF Subjects Employees to Genetic Test In April 2002, railroad giant Burlington Northern Santa Fe Railway (BNSF) found itself in a perilous legal confrontation with the Equal Employment Opportunity Commission (EEOC). Burlington officials had admitted to subjecting their employees to genetics tests. BNSF’s...
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...growing trend in the business world today is to use drug testing to screen prospective job applicants and monitor current employees for drug usage. Drug testing at work presents us with a difficult ethical dilemma raising a question: How businesses can respect individual’s basic right to privacy and at the same time provide a safe and productive work environment. Drug testing at workplace is a serious ethical and legal issue with opponents claiming that it is directly infringing on employee’s constitutional rights to privacy. Drug testing can be viewed as a form of a search and seizure under the Fourth Amendment of the U.S. Constitution, USCS Const. Amend. 4. This was confirmed by the Supreme Court ruling in Schmerber v. California 384 U.S. 757; 86 S. Ct. 1826; 16 L. Ed. 2d 908 (U.S. 1966) With any blood, urine or hair sample taken, people give out more than just information about illicit drugs usage. Each of those samples contains wealth of personal biological data. It is possible that employers might be fishing for evidence, for purposes other than was disclosed or suggested prior to the testing. With provided biological samples employers can illegally screen potential employees and discriminate against them based on their health problems, pregnancy or even genetic makeup (Statue 42 USCS §§ 2000ff prohibits employment discrimination on the basis of genetic information). If an individual refuses to undergo the testing examination, an applicant or an employee can be terminated...
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...After doing research, the owners have decided to hire employees that are less likely to make claims, healthy, fit and non-addicted (UPOX, 2016). Abigail along with the other owners have created a two- step program for employees that will include pre-employment screening and a program to assist them a worker to stop smoking and non-prescription drugs (UPOX, 2016). This paper will discuss the legal issues involved with pre-employment screenings. It will also cover the topics of unions, collective bargaining, and Employee Retirement Income Security Act. According to Bennett-Alexander & Hartman, the 14th Amendment states that employees are protected legally from unreasonable searches and seizures (Bennett-Alexander & Hartman, 2007). The owners of CBD need to check the state laws to understand the privacy laws that protect employees and clarify pre-employment screenings before completing a business plan. Computer by Design need to review the Americans with Disabilities Act concerning health information specifics decisions are governed but are restricted by Health Insurance Portability and Accountability Act (HIPAA, 2009). Employers cannot use the under the HIPPA law use protected health information when deciding on employment decisions without prior consent (HIPP, 2009). The protection health insurance further says that employer cannot review employee medical records and identifiable health information under the code of practice (PHI, 2016). By the Privacy Policy of CBD...
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... * ------------------------------------------------- Version List ------------------------------------------------- Recent History * ------------------------------------------------- 2006 13.386 New 2006 c 253 s 1 * ------------------------------------------------- 2013 Subd. 3 Amended 2013 c 82 s 3 * ------------------------------------------------- 2012 Subd. 4 New 2012 c 292 art 4 s 1 13.386 TREATMENT OF GENETIC INFORMATION HELD BY GOVERNMENT ENTITIES AND OTHER PERSONS. § Subdivision 1.Definition. (a) "Genetic information" means information about an identifiable individual derived from the presence, absence, alteration, or mutation of a gene, or the presence or absence of a specific DNA or RNA marker, which has been obtained from an analysis of: (1) the individual's biological information or specimen; or (2) the biological information or specimen of a person to whom the individual is related. (b) "Genetic information" also means medical or biological information collected from an individual about a particular genetic condition that is or might be used to provide medical care to that individual or the individual's family members. § Subd. 2.Private...
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...E Poole Beecham English 101 10059 19 April 2010 Genetic Testing Imagine choosing your daughter to have high intelligence. No one would fault the parents for giving their daughter this advantage for life. Parents can make the decision to use any safe drug or therapy to enhance their future children to make them smarter, better, stronger, to increase their intelligence, height, or other traits (Zane). Testing for medical tendencies to screen and reduce the possibility of future illness or diseases is now feasible. Genetic testing can enhance and improve lives with immeasurable benefits. The rewards of this testing outweigh any reservations. Genetic testing are examinations of blood and other tissues of the body that doctors in the medical field prepare to test for possible defects of the body. These DNA based tests generally involves direct examination of the DNA molecule itself and are very sophisticated techniques of testing genetic disorders in the bodies of human beings. Prenatal genetic testing with the procedure of pre-implantation genetic diagnosis, or PGD is a technique whereby testing is performed of an approximate three-day-old embryo to confirm that it does not carry a particular disease or diseases (Naik). The test predicts, with variable confidence, what the possible medical problems will be in the future. Then the doctor implants this embryo, which is free of that syndrome, in the mother's womb. It appears to be relatively easy to check the DNA and eliminate...
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...Tay-Sachs Disease Foreword: Before beginning to read this review of the case study, please note that current events of today pertain more to preconception screening for genetic anomalies and genetic studies. Today due to preconception genetic screening many parents opt to terminate a fetus with fatal or painful anomalies; therefore a large portion of the research for parents who are expecting a child with Tay Sachs Disease was noted to be during an approximate 30 year span from the mid-1950’s to the early-mid 1980’s, thus older citings will be noted. “Tay-Sachs parents say that their child dies three times—when the disease is diagnosed, when the child enters the hospital, and the final time.” (Atwater, 1964) “How do you parent without a net, without a future, knowing that you will lose your child, bit by torturous bit?” (Rapp, 2011) Will it be a boy or a girl? What color will the eyes, the hair be? Whose smile will the baby have? These are just a few of the many questions that begin when parents find out they have conceived a child, and most of the time the questions only grow as the pregnancy progresses too; what will they want to be when they grow up? Who will they look like? Will they be strong, graceful, independent, or determined? Should we look at preschools and colleges now? It may not seem to occur very often that parents will say to themselves; we never thought about how we might parent a child without a future. Now instead of questions that may focus on the...
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...Sneaking a Peek, Sometime Cost You: Genetic Testing a Price to Pay Sneaking a Peek, Sometime Cost You: Genetic Testing a Price to Pay When signing the dotted line, we give away a lot. The words printed, the ink dries and we have committed to a legal contract that specific roles will be assumed and expectation do follow. The contract starts a line of trust that we often do not acknowledge until this trust is broken or affirmed. In the case study regarding Danville Airlines, Human Resource Director Julie Taylor and Pilot David Reiger a trust test was given, result were discovered, and now decision will have to be made because sneaking a peek into the lives of others sometime will cost you. What the cost? Only with time they will know as we discuss what laws, feelings and interpretation affect the rights and trust between employer and employee. The study title Danville Airlines presented the scenario of a 42 year old pilot, David Reiger, whom father recently passed away from Huntington Diseases (Mead & Wicks, 2004). The disease is heredity and children of parent with the disease have 50% chance of inheriting the gene (Semaka, Balneaves, & Hayden, 2013). Reiger found out he had the gene after undergoing a required screening by Danville Airlines and Danville Airline secretly, without consent, tested for it. Now armed with this new information, Julie Taylor, the Human Resource Director have to make decision on her recommendation to the board of director...
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... Page 3 Job Analysis Page 3-4 Example of job analysis Page 4 Posting a job position Page 4-5 Job posting example Page 5 Interview Process Page 6 Example of non-genetic and legally acceptable interview questions Page 6-7 Pre-employment testing and assessment Page 7 Three additional staffing elements Page 7-8 Employee Handbook Set Forth Expectations Page 8 Employee Handbook Protect Employers Page 8-9 Conclusion Page 9 Introduction This Sierra’s Construction Company employee handbook provides policies, procedures, benefits, and working conditions that will followed all employees. This Employee Handbook is not a contract of employment nor an attachment for employees. Our company strives to offer an employee-friendly as offering training and achieving difficult...
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...a good job, a loving spouse, maybe a couple of kids and an all-around pretty good life. Then imagine one day your boss writes you up and sends you home because he/she suspects you of being intoxicated. A person in this situation could, in months and years to come, learn from a simple blood test that he/she is the victim of a genetic disorder called Huntington’s disease. The ramifications of this illness are endless and affect not only the individual with the disorder but entire families and communities as well. At this time there is no cure or even any significantly effective treatment. However, as with many genetic disorders, research is being done in in this day in age that may promise to one day lead us to such treatment or cure. Huntington’s disease is a neurodegenerative or genetic disorder that affects muscle coordination and some cognitive functions, typically becoming noticeable in middle age. It is much more common in people of Western Europe descent than in those from Asia or Africa. The disease is caused by dominant mutation on either of the two copies of a specific gene, located on chromosome 4. The Huntington gene normally provides the genetic code for a protein that is also called Huntingtin. The mutation of the Huntingtin gene codes for a different form of the protein, whose presence results in gradual damage to specific areas of the brain. The condition Huntington’s disease got its name because it was first described by George Huntington, a physician in New York...
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...However, being screened does not define the readiness of children or adults; it only identifies an individual’s susceptibility to emotional disruption. Every soldier cannot be a coterie Navy Seal. According to Chief Executive Officer James D. Murphy, only six percent create it through the entire Navy Seal course (Murphy, 2014). That is only six out of every one hundred applicants, the rest are mentally and physically forced to concede. Resembling Navy Seals, emergency response professionals also need use similar screening methods, where only the suitable survive the testing. If an individual has a weakness, going through the Navy Seal training program will find it. Using some Navy Seal testing should be one of the methods for becoming an elite ERP. When screening for ERP candidates, their physical and mental aptitudes will show PTSD susceptibilities and...
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...privacy 4 Explain the process of responsibilities. employment at will, wrongful discharge, implied contract, and constructive discharge. rights of employees. establishing disciplinary policies, including the proper implementation of 5 objective objective 2 Explain the concepts of employee rights and employer 6 Differentiate between the objective objective 1 Explain the concepts of Discuss the meaning of 7 Identify the different types of objective After studying this chapter, you should be able to 8 Discuss the role of ethics in discipline and how to investigate a disciplinary problem. two approaches to disciplinary action. alternative dispute resolution procedures. the management of human resources. organizational rules. PART 5 Enhancing Employee-Management Relations Managing Human Resources, 14e, Bohlander/Snell - © 2007 Thomson South-Western 549 550 PART 5 Enhancing Employee-Management Relations n this chapter we discuss employee rights, workplace privacy, and employee discipline. Managers note that these topics have a major influence on the activities of both employees and supervisors. Robert J. Deeny, an employment attorney, has stated that employee rights and workplace privacy will “continue to be the hottest employment law topics into the twenty-first century.”1 For example, while drug testing, e-mail privileges, and employee monitoring are routinely...
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...1. Employment law is rooted in which of the following: contract law & agency law 2. In Lemmerman v. A.T. Williams Oil Co. (1986), eight-year-old Shane Tucker was found to be an employee of the oil company where he slipped and hurt his hand because the manager had the authority to hire and fire employees for the defendant and the jobs Shane did were in the course of the defendant's business and he was engaged in doing them when he fell. 3. When can an employer ask questions regarding an individual's disability? after making a conditional job offer 4. Title VII of the Civil Rights Act of 1964 makes it unlawful for an employer to fail or refuse to hire or to discharge any individual, or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin. 5. Which of the following is an exception to the “at will” rule? express contracts, implied contracts, violation of statutes 6. A pattern that is the subject of efforts that is reasonable under the circumstances to maintain its secrecy, is an example of a trade secret 7. Which type of lawsuit occurs when one or more persons sue or are sued as representatives of a large group of persons similarly situated and interested in the outcome of the lawsuit? Class-action 8. In a discriminatory claim, a plaintiff must prove all of the following except: D (?) 9. Executive...
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...strengths and theoretical background, and employer’s need to find a test that works best for their company. Employers use personality profiles so that they can choose a candidate with the right personality traits to fill the position. Knowing that you need a self-motivated or persistent person is very important when asking questions during an interview. The more specific the questions that the employer asks the more accurate the answers will be about that candidates’ true personality. Since a person’s personality doesn’t generally change significantly in adulthood, the results should show tendencies of the potential candidate. The biological theory of personality suggest that genetics are responsible for personality. Research on heritability suggests that there is a link between genetics and personality traits. The behavioral theory of personality suggests that personality is a result of interaction between the...
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...| * Legal Guidelines for hiring employees * Avoiding illegal discrimination against an employee because of race, color, gender, religious beliefs, national origin, disability, age, or genetic information. * Respect applicants privacy rights * Don't imply job security * Protect against unfair competition * Refer to the legal rules for hiring workers under the age of 18 and immigrants | * Job Descriptions * Necessary elements are qualifications, necessary skills, education, any experience or licenses that are required for the job. * Job description should also include the essential and nonessential job functions. * If there is any legal discrimination required for the job they should be included in the job description. | * Job advertisements * When advertising wording is the biggest obstacle that needs to be addressed. * Try to use words like salesperson instead of salesman or energetic instead of young. * In job advertising the main objective is to promote your available position while showing an equal opportunity employer | * Job applications and interviews * Avoid unlawful questions by asking questions that are job-related. * Develop a standard set of questions that can be used in every interview. * Questions that pertain to experience or skills required | * Interviewing protocol * When starting an interview give the applicant some info on the job duties, hours, pay range...
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...Kayla Barr API Mrs. Geralyn Caplan Pathology 3 November 2014 Duchenne Muscular Dystrophy Duchenne muscular dystrophy (DMD) is a common disorder affecting the muscular system. This form of muscular dystrophy is inherited and is caused by a genetic mutation that affects the dystrophin proteins of the muscles. Dystrophin is the largest gene known to man. (Tennyson, Klamut, Warton 1995). Hundreds of genes are responsible for producing the proteins that protect these muscle fibers from damage. In DMD, the dystrophin gene is defective. Where most forms of muscular dystrophy worsen slowly over time, Duchenne grows worse quite rapidly. Duchenne muscular is linked to the X-chromosome so the mother carries the disease and the defective gene but will likely never show symptoms. Their sons will each have a 50% chance of getting the disease and their daughters will each have a 50% chance of being carriers of the disease (Bushby, Finkel, Birnkrant, Case, Clemens, Cripe, Kaul, Kinnett, McDonald, Pandya, Poysky, Shapiro, Tomezsko, Constantin, 2010). The women who are carriers will pass the gene onto their children. One in every 3,500 live male births are diagnosed with Duchenne muscular dystrophy (Chen, Ma, Zhang, Chen, Xing, Wang, Zhang, Luo, 2014). Most of these diagnoses have a line of family history with Duchenne muscular dystrophy that they were unaware of because it had not shown up in several generations. Females who are diagnosed with Duchenne muscular dystrophy and show symptoms...
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