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Who was the "devious defecator" leaving their "offending fecal matter" across an Atlanta-area warehouse that stored and delivered products for grocery stores?
That's how US District Judge Amy Totenberg described the issue as she ruled in favor of two employees who were forced to give a buccal cheek swab to determine if their DNA was a match. But a match was not to be had. The two sued, claiming that the Genetic Information Nondiscrimination Act (GINA) prohibited their 2012 tests by a forensics lab hired by their employer, Atlas Logistics Group Retail Services.
Ahead of trial, Judge Totenberg set aside Atlas Logistics' claims that the "genetic information" at issue wasn't covered by the law. Atlas Logistics asserted that GINA excludes analyses of DNA, RNA, chromosomes, proteins, or metabolites if such analyses do not reveal an individual's propensity for disease. The judge ruled that the "plain meaning of the statute's text" is satisfactory for the case to go forward despite the tests at issue not revealing disease propensities.
The two plaintiffs were singled out [for testing] because their work schedules coincided with the timing and location of what the court termed the "defecation episodes."
The company has offered a combined $200,000 to the two employees without admitting wrongdoing. The two employees have vowed to push for more.
takyon: Judge Amy Totenberg is the sister of NPR correspondent Nina Totenberg. The Washington Post has more details about the case and GINA.
original submission
(Score: 2) by Gravis on Saturday June 06 2015, @01:15PM
from http://www.genome.gov/Pages/PolicyEthics/GeneticDiscrimination/SAPonHR493.pdf [genome.gov]
The Administration favors enactment of legislation to prohibit the improper use of genetic
information in health insurance and employment. The Administration supports House passage of
H.R. 493, which would prohibit group health plans and health insurers from denying coverage to
a healthy individual or charging that person higher premiums based solely on a genetic
predisposition to developing a disease in the future. The legislation also would bar employers
from using individuals’ genetic information when making hiring, firing, job placement, or
promotion decisions. The Administration appreciates that the House bill clarifies that the bill’s
protections cover unborn children.
(Score: 2) by richtopia on Saturday June 06 2015, @03:48PM
"We won't fire the pooper. We just want to know the truth!"
(Score: 0) by Anonymous Coward on Saturday June 06 2015, @10:57PM
it would be pretty crap if they had a shitty case