Burlington Northern Santa Fe Railroad recently settled a lawsuit brought by the EEOC over the company's genetic testing of certain employees. The railroad required employees who made workers' compensation claims for carpel tunnel syndrome to submit to genetic testing. The company was interested in whether the employees had a genetic propensity for the condition, which might indicate that their injuries were not work-related. The employees were not informed of the genetic testing, but were simply asked to submit blood samples. They were unaware of the reason why they were giving blood, and did not consent to the testing.
The EEOC claimed in its lawsuit that the railroad practice violated the Americans with Disabilities Act because it amounted to surreptitious collecting of disability-related information about employees. It was "an egregious violation of the ADA that required immediate intervention" according to the EEOC. In settling the lawsuit, Burlington agreed that "it will not request any employees to undergo genetic tests, will not discipline any employees for refusal to submit to genetic tests and will preserve all records in its control." While the EEOC case is settled, the affected employees may pursue their claims under the ADA.
While genetic testing by employers is still rare, it is already causing strong opposition and public criticism. In August 2000, the University of California settled a lawsuit for $2.2 million after it was accused of violating employees' rights by testing for genetic disorders, venereal disease and pregnancy without their consent. President Clinton issued Executive Order 13145 last year which prohibits federal agencies from requiring genetic testing as a condition of employment and also bars agencies from discriminating on the basis of genetic information. The American College of Occupational and Environmental Medicine has spoken out publicly against genetic testing of workers, and legislation has been introduced in Congress that would prohibit employers from refusing to hire or withholding job benefits based on the results of genetic testing.