Burlington Northern and Santa Fe Railway Company spokesman stated, "The settlement is consistent with the practice we've been following," said Richard Russack. He also states that the companies apologized to it's employees for running the tests and they stopped all testing when to suit was filed as they were ordered.
Many in the political and medical filed and the Equal Employment Opportunity Commission themselves feel this is a landmark settlement which will halt any future discriminations. "This was the right result. It gives people reassurance that the potential harms of genetic testing are going to be taken very seriously in our society," said Wylie Burke, head of the Department of Medical History and Ethics at the University of Washington in Seattle. (Washington Post) "This landmark settlement provides important new protection against the emerging threat of genetic discrimination," Senator Edward Kennedy (Washington Post) "The Commission will continue to respond aggressively to any evidence that employers are asking for or using genetic tests in a manner that violates the ADA," said EEOC Commissioner Paul Steven Miller (The U.S. Equal Employment Opportunity Commission Newsletter)
In February 2001, shortly after the Burlington Northern case was filed, Sen. Thomas A. Daschle (D-S.D.), Sen. Edward M. Kennedy (D-Mass.) and Rep. Louise M. Slaughter (D-N.Y.) introduced a bill to prohibit the use of genetic information as a basis for discrimination in employment and health insurance coverage. The settlement could set a precedent for lawmakers and courts to follow, Bendick said. Although hundreds of genetic tests have been available for medical and research purposes for years, it remains...
(Washington Post)
As for my opinion, I do believe that the suit was justified. I believe that the Burlington Northern and Santa Fe Railway Company was looking for a reason to stop compensation of their employees who were diagnosed with Carpal Tunnel Syndrome. Their employees are constantly using their and hand and have a high chance of getting injuries. Burlington Northern and Santa Fe Railway Company knew they were in the wrong by not informing the employees of the tests and obtaining permission. Employers in general do not have the right to obtain DNA from employees or future employees to base on employment what the employee may have or will have in future of health issues.
A person's DNA is private and by their genetic testing, their rights were violated.
A truly hope this case does set new laws and protections for all employees, if not genetic testing will always have a basis in obtaining employment. Employers will always have this reason to terminate employment and in this case is unfair to all. Also I believe if this case and outcome does not change employer discrimination it will also open new doors for people in terms of obtaining health insurance and life insurance policies. By testing one's DNA denial of these policies are definite.
The U.S. Equal Employment Opportunity Commission Newsletter http://www.eeoc.gov/press/4-18-01.html. Washington Post
Sarah Schafer
http://www.washingtonpost.com/ac2/wp-dyn/A34877-2001Apr18?language=printerWired News
Kristen Philipkoski
http://wired-vig.wired.com/news_drop/news_lycatalog/story/0,2149,42971,00.html
