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posted by takyon on Saturday June 06 2015, @12:20PM   Printer-friendly
from the execrable-excreter dept.

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

 
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  • (Score: 0) by Anonymous Coward on Saturday June 06 2015, @10:57PM

    by Anonymous Coward on Saturday June 06 2015, @10:57PM (#193033)

    it would be pretty crap if they had a shitty case