Genetic Testing And Implications Of Federal Law Regulations

1296 words - 6 pages

Genetic Testing and Implications of Federal Law Regulations
In today’s economy, companies are scared of having any negative publicity to ruin their name and try at all costs of preventing this from happening. When companies invade employee’s privacy they have violated the federal government’s guidelines of what is ethical and not ethical. The genetic testing for Huntington’s disease is a new emerging field of science that allows for individuals to know what medical conditions they are predisposed to however the federal government has established laws that state clearly the individual has to give consent and without consent these medical tests violates their medical privacy’s rights.
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The only real case that Danville Airlines can argue for having the right to test Reiger’s genetic makeup is for the potential dangers associated with HD to their employees and clients on-board of the aircraft. However, Wicks and Mead (2004) stated in their case study that there are procedures already in place to prevent airplanes from crashing if the pilot suffered a neurological episode relating from the HD. The backup pilot or autopilot would be forced to take action in the event and these back procedures lead to a prevention of only one percent risk of crashing the airplane when the pilot loses their control of the airplane (Wicks & Mead, 2004, p. 2). So regardless of the genetic testing was without Reiger’s consent it will have no real evidence from disbarring him from flight because of the potential harm of other employee’s and client’s health. If Reiger filed a lawsuit against Danville Airlines for violating his personal and medical privacy then the answer would be more in favor of Reiger’s benefits. Danville Airlines clearly stated that they have enough procedures put into place for overcoming Reiger’s HD condition that could harm anybody. Also in the case study, there are no mentions to other pilots or copilots suffering from this condition or any neurological condition. Reiger could feel like he is being targeted directly at his workplace because of his disability and file additional lawsuits against Danville Airlines for other discrimination infringes.
When this genetic testing was made illegal, Danville Airlines violated Reiger’s personal and medical privacy. Danville Airlines do not have any legal right to Reiger’s genetic makeup because it violates his Health Insurance Portability and Accountability Act (HIPPA), Americans with Disability Acts (ADA), and Genetic Information Nondiscrimination Act of 2008 (GINA). Cascardo (2015) stated that Reiger’s HIPPA rights were violated because Danville Airline did not get written consent from him to allow the genetic testing or written consent from him allowing his medical doctor’s office to read off the results to the company. HIPPA has a clear definition that any medical information pertaining to the patient’s medical records has to be approved by the patient on written document when visiting that medical office. Dressler (2008) wrote that companies cannot discriminate “against qualified individuals with disabilities, with regards to applications, hiring, discharge, compensation, advancement, training, or other terms, conditions, or privileges of employment.” (p. 31) When they wanted to not allow Reiger to train to be an airplane pilot anymore this violates this law because HD is a medical disability once diagnosed from a licensed medical provider. If Reiger cannot fly the airplane, it would be special privileges because they have to still pay him for being on their payroll without flying any airplanes which is reverse discrimination against non-genetic disposed employees. Lastly,...

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