Abstract

http://ssrn.com/abstract=1551476
 
 

Footnotes (11)



 


 



GINA's Genotypes


David H. Kaye


Penn State Law

January 13, 2010

Michigan Law Review First Impressions, Vol. 108, No. 51, 2010
Penn State Legal Studies Research Paper No. 20-2010

Abstract:     
In August 2009, the Board of Trustees of the University of Akron added to the university's employment policy the following proviso: "any applicant may be asked to submit fingerprints or DNA sample for purpose of a federal criminal background check." Although the federal government does not do background checks with DNA, the policy is significant because it highlights a largely unexplored feature of the Genetic Information Nondiscrimination Act of 2008 (GINA). GINA generally prohibits employers from asking for "genetic information." The faculty senate and outside commentators have declared that the Akron policy is "of doubtful legality" because it "appears to violate" GINA. However, GINA's ban on the acquisition of "genetic information" also can be read so that it does not reach nonmedical DNA tests. Because employers have nondiscriminatory reasons to use forensic DNA identification technology, this narrower interpretation is more faithful to the express purpose of the law.

Number of Pages in PDF File: 8

Keywords: GINA, employment discrimination, genetic discrimination, forensic identification, employer, DNA, genetic testing

Accepted Paper Series


Download This Paper

Date posted: February 15, 2010 ; Last revised: February 19, 2014

Suggested Citation

Kaye, David H., GINA's Genotypes (January 13, 2010). Michigan Law Review First Impressions, Vol. 108, No. 51, 2010; Penn State Legal Studies Research Paper No. 20-2010. Available at SSRN: http://ssrn.com/abstract=1551476

Contact Information

David H. Kaye (Contact Author)
Penn State Law ( email )
Lewis Katz Building
University Park, PA 16802
United States
814 865-8974 (Phone)
HOME PAGE: http://law.psu.edu/faculty/resident_faculty/kaye
Feedback to SSRN


Paper statistics
Abstract Views: 371
Downloads: 62
Download Rank: 210,087
Footnotes:  11

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo2 in 0.250 seconds