Predictive Health Information and Employment Discrimination under the ADA and GINA

J. L. Med. & Ethics 48(2), 2020

13 Pages Posted: 20 Mar 2020

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

Date Written: April 25, 2020

Abstract

New technologies, including genomics and precision medicine, are expanding the range of predictive health information. Employers interested in assessing the future health risks of prospective or current employees can gain access to information in an individual’s clinical record or can use algorithms to make their own predictions. When individuals have sub-clinical markers of future serious impairments, neither of the two main laws prohibiting discrimination in employment based on health status, the Americans with Disabilities Act (ADA) nor the Genetic Information Nondiscrimination Act (GINA) applies. The ADA does not apply to physical or mental impairments that are not currently a substantial limitation of a major life activity. GINA does not apply to conditions that have “manifested,” including physical changes detectable by a trained professional. Both statutes should be amended to prohibit forms of discrimination that were not contemplated when the legislation was enacted.

Keywords: Americans With Disabilities Act, Ada, Employment Discrimination, Genetic Information Nondiscrimination Act, Gina, Genomics, Medical Screening, Precision Medicine, Predictive Health Information

Suggested Citation

Rothstein, Mark A., Predictive Health Information and Employment Discrimination under the ADA and GINA (April 25, 2020). J. L. Med. & Ethics 48(2), 2020, Available at SSRN: https://ssrn.com/abstract=3544331 or http://dx.doi.org/10.2139/ssrn.3544331

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

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
36
Abstract Views
210
PlumX Metrics