Abstract
Burlington Northern Santa Fe Railway Company agreed to stop testing its employees after a discrimination settlement with the U.S. Equal Employment Opportunity Commission. The settlement came after the U.S. Equal Employment Opportunity Commission went to court on behalf of a 45-year-old track-maintenance worker applied for compensation after developing carpel tunnel syndrome and the fact that the company had been genetic testing its employees without their consent came to light.
The settlement at Burlington Northern and Santa Fe Railway Company is fair for a number of reasons. One, genetic information was taken from individuals without knowledge or consent. Two, the company violated the Equal Employment Opportunity Act of 1995. Three, Burlington Northern Santa Fe Railway Co. had no proof that there was a need for genetic testing. And four, the company used the genetic information to escape liability for work related injuries..
The case against Burlington Northern and Santa Fe Railway Company is relatively cut and dry from a privacy standpoint. Individuals were being subjected to genetic testing that was not job-related and not necessary, without their knowledge or consent. “The only conceivable explanation is that the railroad wanted to use the genetic testing to argue that they would have gotten carpal tunnel anyway, so they shouldn't get workers' compensation” (Lewin, T. 2001). The U.S. Equal Employment Opportunity Commission acted quickly “'to protect workers confronted with such an egregious violation of the Americans with Disabilities Act” (Lewin, T. 2001).
Paul Miller, one of the commissioners, sent out a letter saying that the commission's policy was that genetic discrimination in the w ...