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There is still much debate on the issue of genetic testing in the workplace (Schafer, 2001). It is safe to say however, that there is much more support for not testing than there is for testing. While the company may have some rights related to hiring and firing, a case like this must be considered at times individually. For example, if the employee in question had carpal tunnel before, and it was treated, and the employee was fully recovered, there is no reason for Burlington to test the employee for carpal tunnel disorder. If the person is recovered and develops a new injury, it qualifies for protection under the Americans with Disabilities Act.
An ethical decision is one that is common or generally accepted by the majority to be right or wrong. An ethical and moral decision is one that most people would agree on, if not all. If the employee in this case had attempted to fraudulently apply for the position or claimed an injury that did not exist or one that was not fully recovered nor the fault of the position taken or the company worked for, there is a greater likelihood that the settlement or a court-decided case would favor the company. However, this does not suggest that the company has a right to genetic testing. Genetic testing is controversial in part because it goes beyond what many consider to be "common standards" that are acceptable and utilized frequently, testing in other words that does not violate the ADA.
It is also important to note that...
This means that even if an individual did test for a genetic marker that is common with some diseases, that does not mean the disease will ever manifest within the employee. This just confirms the many reasons that genetic testing is not ethically or morally acceptable.
Routine testing of potential candidate for an employment position or those already employed by a company may result in even more discrimination, because people that have genetic markers for a disease may be disqualified as candidates for a job, yet never develop the disease. This would result in mountains of legislation that would tie up the court system. The Burlington Railway case, based on the information provided, was a fair decision. In a world where so many people violate basic human rights, it is important the ADA and other employment organizations work hard to ensure they protect the citizens of the United States from unethical or immoral decision-making.
References
Nolo, 2004 "Exceptions to Employment Discrimination Laws, FindLaw for Small
Business," Nolo. Retrieved December 2, 2007:
http://www.smallbusiness.findlaw.com/
Schafer, Sarah. "Railroad Agrees to Stop Gene-Testing Workers," Washington Post,
http://www.washingtonpost.com
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