Privacy for Safety: The NCAA Sickle Cell Trait Testing Policy and the Potential for Future Discrimination
University of Iowa
May 2, 2011
Iowa Law Review, Forthcoming
A recent NCAA mandate requires incoming Division I student athletes to either: (1) submit to testing for the sickle cell trait, (2) provide earlier results of a test, or (3) waive out of testing and release the NCAA from any potential future liability from sickle cell trait complications. However, the mandate does not provide colleges and universities with guidance on how to handle this information. Further, current federal statues do not provide sufficient protection against unwanted and unnecessary dissemination of this sensitive genetic information, especially considering many schools have student athletes sign waivers allowing the release of their medical information to the media. Public knowledge of this information can lead to discrimination in the future, especially in the employment context. The NCAA should either stop the testing program or take further steps to protect a student athlete’s privacy.
Number of Pages in PDF File: 61
Keywords: Discrimination, Law and Justice, Health Law and Policy, Employment and Labor Law: Employment Law, Employee Benefits, Compensation and Pension Law: Benefits Law (Topic)
JEL Classification: I00, I10, I18, I19, I20, J00, J70, J71, J78, J79Accepted Paper Series
Date posted: May 3, 2011 ; Last revised: July 5, 2011
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