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18 Comp. Lab. L.J. 547 (1996-1997)
Genetic Testing in the Workplace: Employer Dream, Employee Nightmare - Legislative Regulation in the United States and the Federal Republic of Germany

handle is hein.journals/cllpj18 and id is 557 raw text is: GENETIC TESTING IN THE WORKPLACE: EMPLOYER DREAM, EMPLOYEE NIGHTMARE-LEGISLATIVE REGULATION IN THE UNITED STATES AND THE FEDERAL REPUBLIC OF GERMANY KRISTIE A. DEYERLEt Arguably, there is nothing more intensely personal than the information contained within an individual's twenty-three pairs of chromosomes. Locked inside the chemical structure of the human genomeI is information pertaining to physical appearance, personal behavior, and future health. Not only is the information contained within one's DNA of great importance to oneself, others also may have an interest in obtaining access to such information. In particular, employers have an economic interest in ascertaining the genetic make- up of prospective, as well as current, employees. For years, employers have screened job applicants in order to maintain productivity and to ensure workplace safety.2 Such selectivity has included medical screening and monitoring to exclude people from jobs, to monitor employee health and safety, to determine particular reasons for an employee's poor work performance, and to study the effect of the workplace on employees.3 In fact, under certain cir- cumstances, employers are statutorily required to have employees t B.S. 1986, The College of William & Mary in Virginia; M.A. 1993, Villanova University; J.D. 1997, University of Pennsylvania Law School. I dedicate this Comment to my husband, Joseph Cannatelli, without whose undying love, encouragement, and patience this Comment would not have been possible. Words cannot express all that his unwavering support has meant to me. I am also forever indebted to my parents, Walter and Elane Deyerle, for their continuous support of my academic pursuits and never ending availability as babysitters. A special thanks is also due my son, Joshua Cannatelli, who put up with my absences and preoccupation without fuss and whose smile and laugh always made me realize what is really important in life. And finally, thanks to the whole CLLJ staff who made this Comment possible and my final year of law school a memorable experience. 1. Genome refers to an individual's genetic constitution. See STEDMAN'S MEDICAL DICTIONARY 641 (25th ed. 1990). For a discussion of basic human genetics, see infra Part I.A. 2. See DAVID SUZUKI & PETER KNUTIsON, GENETICS: THE CLASH BETWEEN THE NEW GENETICS AND HUMAN VALUES 160-61 (1989). 3. See Lori B. Andrews & Ami S. Gaeger, Confidentiality of Genetic Information in the Workplace, 17 AM. J.L. & MED. 75, 75-76 (1991).