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Essay / Research Paper Abstract
6 pages in length. The hotly debated topic of genetic testing continues to expand beyond current boundaries with the precedent-setting U.S. Equal Employment Opportunity Commission (EEOC) against The Burlington Northern and Santa Fe Railway Company (BNSF). While genetic testing has crept its way into the semi-socially acceptable range of such areas as detecting birth defects, it in no way has been - or will ever be - considered within appropriate legal or ethical limits to incorporate it into the workplace. BNSF learned this lesson the hard way after it was sued for genetically testing thirty-six employees who all had filed claims of carpal tunnel syndrome. Justifying the company's action as trying to protect against claims made by those who may have been genetically predisposed to this particular condition, railroad representatives only admitted they were wrong only after their actions were discovered. Bibliography lists 4 sources.
Page Count:
6 pages (~225 words per page)
File: LM1_TLCGenTstSettl.rtf
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Unformatted sample text from the term paper:
Company (BNSF). While genetic testing has crept its way into the semi-socially acceptable range of such areas as detecting birth defects, it in no way has been - or
will ever be - considered within any appropriate legal or ethical limits to incorporate it into the workplace. BNSF learned this lesson the hard way after it was sued
for genetically testing thirty-six employees who all had filed claims of carpal tunnel syndrome (Lewin). Justifying the companys action as trying to protect against claims made by those who
may have been genetically predisposed to this particular condition, railroad representatives only admitted they were wrong only after their actions were discovered. When
one examines whether the settlement was fair in light of this being a case that will set the standard for similar litigation in the future, one might readily surmise how
the 2.2 million dollars BNSF paid the plaintiffs (Hechler A22) was a drop in the bucket considering that it equated to only somewhat over $55,000 for each person whose legally
protected privacy was violated. The extent to which BNSF took a tremendous risk in using genetic testing to determine which - if any - employees were predisposed to carpal tunnel
is both grand and far-reaching; that they did so without knowledge of or written consent from any of the thirty-six employees who filed a medical claim speaks not only to
legal ramifications but also a tremendous ethical deficit guiding the companys ill-gotten gains. BNSF had several legal entities to answer to after executives were caught with their hands in
the genetic cookie jar, not the least of which included the Americans with Disabilities Act (ADA), the Fourth Amendment of the United States Constitution, Title VII of the Civil Rights
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