Let Freedom Ring:
Genetic Testing Unconstitutional
May 12, 1998
Health privacy advocates celebrate! The 9th Circuit Court
of Appeals has ruled that subjecting employees to genetic
testing without their consent violates their constitutional
right to privacy. (Norman-Bloodsaw v. Lawrence Berkley
Laboratory, CA 9, No. 96-16526, 2/3/98)
According to the Council for Responsible Genetics, this case
represents the first U.S. Court of Appeals ruling on the issue
of genetic privacy in the workplace. The Council notes that
the ruling sends the case back to the district court level,
where it will go to trial.
Just Short of The Supreme Court
"The 9th Circuit Court is one of 12 regional federal courts
that hear appeals from trial courts and provide a level of
judicial review just short of the U.S. Supreme Court. Its
decisions are not applicable to jurisdictions beyond the nine
states it covers," explains Rick Weiss in the Washington Post.
Weiss also points out Judge Stephen Reinhardt's opinion,
which we find profound on this historic case: "One can
think of few subject areas more personal and more likely to
implicate privacy interests than that of one's health or genetic
make-up."
This article appeared in the March/April 1998 issue of
Health Freedom Watch.
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