Cases of Genetic Discrimination

Although no genetic-employment discrimination case has been brought before U.S. federal or state courts, in 2001 the U.S. Equal Employment Opportunity Commission(EEOC) [eeoc.gov] settled the first lawsuit alleging this type of discrimination.

EEOC filed a suit against the Burlington Northern Santa Fe (BNSF) Railroad for secretly testing its employees for a rare genetic condition (hereditary neuropathy with liability to pressure palsies – HNPP) that causes carpal tunnel syndrome as one of its many symptoms. BNSF claimed that the testing was a way of determining whether the high incidence of repetitive-stress injuries among its employees was work-related. Besides testing for HNPP, company-paid doctors also were instructed to screen for several other medical conditions such as diabetes and alcoholism. BNSF employees examined by company doctors were not told that they were being genetically tested. One employee who refused testing was threatened with possible termination.

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