Protecting Genetic Privacy By Permitting Employer Access Only to Job-Related Employee Medical Information: Analysis of a Unique Minnesota Law

18 Pages Posted: 7 Feb 1999

See all articles by Mark A. Rothstein

Mark A. Rothstein

University of Louisville - Institute for Bioethics, Health Policy, and Law; University of Louisville - Louis D. Brandeis School of Law

Betsy Gelb

University of Houston - C.T. Bauer College of Business

Steven G. Craig

University of Houston - Department of Economics

Abstract

It is not clear whether the Americans with Disabilities Act (ADA) applies to genetic discrimination in employment. State legislation often does not apply to genetic information based on family health histories. Neither the ADA nor state laws prohibit employers from requiring access to genetic information contained in individuals' medical records.

A 1983 Minnesota law limits employer-mandated medical examinations and inquiries, including releases of information in the individual's personal medical files, to job-related information. We examined case filings with the Minnesota Department of Human Rights and interviewed employment lawyers, human relations directors, and occupational physicians. Because few individuals were aware of the law, it was impossible to gauge its effects. Nevertheless, we believe that the Minnesota approach is preferable to either the ADA or genetic-specific state laws.

Suggested Citation

Rothstein, Mark A. and Gelb, Betsy and Craig, Steven G., Protecting Genetic Privacy By Permitting Employer Access Only to Job-Related Employee Medical Information: Analysis of a Unique Minnesota Law. American Journal of Law and Medicine, Vol. 24, No. 2, 1998. Available at SSRN: https://ssrn.com/abstract=148569

Mark A. Rothstein (Contact Author)

University of Louisville - Institute for Bioethics, Health Policy, and Law ( email )

Louisville, KY 40202
United States

HOME PAGE: http://www.louisville.edu/bioethics

University of Louisville - Louis D. Brandeis School of Law ( email )

Wilson W. Wyatt Hall
Louisville, KY 40292
United States

Betsy Gelb

University of Houston - C.T. Bauer College of Business ( email )

Houston, TX 77204-6021
United States
713-743-4558 (Phone)
713-743-4572 (Fax)

Steven G. Craig

University of Houston - Department of Economics ( email )

McElhinney Building
Room 202-A
Houston, TX 77204-5882
United States
713-743-3812 (Phone)
713-743-3798 (Fax)

Register to save articles to
your library

Register

Paper statistics

Downloads
80
rank
299,675
Abstract Views
1,326
PlumX Metrics
!

Under construction: SSRN citations while be offline until July when we will launch a brand new and improved citations service, check here for more details.

For more information