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DNA Got a Kid Kicked Out of School—And It'll Happen Again

posted by martyb on Wednesday February 03 2016, @08:24PM   Printer-friendly
from the GATTACA dept.

Phoenix666 writes:

A few weeks into sixth grade, Colman Chadam had to leave school because of his DNA.

The situation, odd as it may sound, played out like this. Colman has genetic markers for cystic fibrosis, and kids with the inherited lung disease can't be near each other because they're vulnerable to contagious infections. Two siblings with cystic fibrosis also attended Colman's middle school in Palo Alto, California in 2012. So Colman was out, even though he didn't actually have the disease, according to a lawsuit that his parents filed against the school district. The allegation? Genetic discrimination.

Yes, genetic discrimination. Get used to those two words together, because they're likely to become a lot more common. With DNA tests now cheap and readily available, the number of people getting tests has gone way up—along with the potential for discrimination based on the results. When Colman's school tried to transfer him based on his genetic status, the lawsuit alleges, the district violated the Americans With Disabilities Act and Colman's First Amendment right to privacy. "This is the test case," says the Chadam's lawyer, Stephen Jaffe.

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  • (Score: 2) by Gravis on Wednesday February 03 2016, @11:31PM

    by Gravis (4596) on Wednesday February 03 2016, @11:31PM (#298771)

    the district violated the Americans With Disabilities Act

    it doesn't make sense that it would be a violation of the Americans With Disabilities Act if he isn't disabled. this is more like a medical quarantine.

    and Colman's First Amendment right to privacy.

    so here's the first amendment but where does it say anything about privacy?

    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

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  • (Score: 5, Interesting) by compro01 on Thursday February 04 2016, @02:55AM

    by compro01 (2515) on Thursday February 04 2016, @02:55AM (#298837)

    it doesn't make sense that it would be a violation of the Americans With Disabilities Act if he isn't disabled

    The ADA also protects against discrimination on the basis of a perceived disability. See Wilson v. Phoenix Specialty Manu. Co. Inc. for an example.