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Genetic Discrimination in the IT Workplace 556

MisterTut writes "In what could be a troubling trend, one employer- the Burlington Northern Santa Fe Railway -was found to have secretly run unproven genetic tests on workers suffering Carpal Tunnel Syndrome. The company was trying to prove that they were not culpable for cases of Carpal Tunnel Syndrome from which the employees were suffering. The ethical considerations of such testing, covert and illicit or not, are profound for those of us working in the IT industry."
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Genetic Discrimination in the IT Workplace

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  • Life Imitates Art (Score:3, Informative)

    by Anonymous Coward on Wednesday August 10, 2005 @02:01PM (#13287672)
    Sounds like Gattaca [imdb.com]. So how much would it cost to run these "unproven genetic tests," I'd imagine it's quite expensive. Besides how much of it genetics and how much is just plain wear and tear, if I spent most of my life hunched over a keyboard typing or "playing racket ball" ... oh dammit. No genetic discrimination!
  • by Anonymous Coward on Wednesday August 10, 2005 @02:15PM (#13287807)
    Dammit it's GATTACA, there aren't any I's in the genetic sequence.
  • by Peyna ( 14792 ) on Wednesday August 10, 2005 @02:15PM (#13287810) Homepage
    What does the ADA consider a disability?" [adata.org]

    There is nothing there that says it must be "genetic" to be considered a disability. In fact, some cases of CTS could be considered a disability and others might not.

    For instance, if it was so severe that you were not able to use a keyboard for a long period of time, then it could be a disability.

  • by Anonymous Coward on Wednesday August 10, 2005 @02:26PM (#13287899)
    It didn't have a whole lot to do with the railroad case...

    So I found this one:

    http://www.law.duke.edu/journals/dltr/articles/200 2dltr0015.html [duke.edu]

  • by 99BottlesOfBeerInMyF ( 813746 ) on Wednesday August 10, 2005 @02:33PM (#13287935)

    On the one hand we espouse the notion that "all people are created equal." It's an excellent core belief for the basis for civilization, government, law, etc. Yet science makes a mockery of this belief because we are not geneticaly equal and those differences impact outcomes that have legal, governmental, and social implications.

    It does not take science and genetics to show that all men are not created equal in the sense that you are using the term. Even back in the 1700 some people were born bigger, stronger, smarter, prettier, etc. than others. Everyone has strengths and weaknesses, and inherent advantages and disadvantages due to circumstance.

    The phrase, "all men are created equal" is followed by the phrase, "that they are endowed by their Creator with certain unalienable Rights." It then goes on to enumerate some of those rights. Men are created equal in that they are all deserving of life, liberty, and the pursuit of happiness, not in that they are all equally strong, smart, or resistant to cancer.

  • My mom worked at a smaller railroad that got swallowed up by BN. She rose through the ranks to become Wire Chief (think electrical engineering supervisor), the first and probably only female in that job at that railroad. As she grew closer to retirement, though, her new job assignments become increasingly horrific. For example, her last job included cleaning toilets in the crew shanties in the railyard.

    Was it because she was a bad employee? Nope - her work record was spotless and her evaluations were impeccable. No, it was because BN-SF went out of their way to try to make people quit before they reached retirement. They did this to everyone in hopes of avoiding paying those hard-earned pensions.

    Therefore, it doesn't surprise me at all to hear that they're trying to screw over yet another set of employees. That's been their SOP for years, so I can't imagine they'd turn tail now.

    By the way, if you want an example of a completely incompetent union, there you have it. I'm not pro-union to begin with, but I'd expect one to at least try to help its members.

  • by Anonymous Coward on Wednesday August 10, 2005 @03:28PM (#13288381)
    The trouble is that management has the right to direct its workforce.

    This will depend on your local laws.

    In the US, perhaps this is legal. In some countries it is _not_ legal to order someone to do stuff like this if it's not part of what they should be expected to do.
  • by FranTaylor ( 164577 ) on Wednesday August 10, 2005 @04:17PM (#13288741)
    We live in a denial-based society where everything is somebody else's fault. Instead of modifying our behavior or actions to accomodate reality, we come up with some reason to blame our failures on others. Here the railroad fails to provide a safe workplace, so they try to blame it on the genetics of their employees. Do anything except own up to the problem and admit that something might need to change on their part. Next they will want detailed interviews with family members so they can screen out anyone whose parents didn't nuture them "correctly". It won't stop until we live in a Brave New World. The whole process gets institutionalized, and they call it 'idealogy', where facts and reality are inconvenient impediments. Anyone who studies circuits knows that a system needs to apply negative feedback to improve the quality of the output. We have disconnected the feedback and replaced it with essentially noise. This is why our culture is doomed.
  • by 99BottlesOfBeerInMyF ( 813746 ) on Wednesday August 10, 2005 @04:38PM (#13288927)

    You're not quite correct. The original poster was quoting the declaration of independence which always read as I stated. It was, however, strongly influenced by the writings of Locke who wrote "...being all equal and independent, no one ought to harm another in his Life, Health, Liberty, or Estate." 'Estate' was a synonym for possessions in its use at the time. It is my understanding that your assertion about the quote is a myth perpetuated by those who were confused by statements about how Jefferson took Locke's works and modified them and who assumed Jefferson was quoting more or less verbatim (which was not the case).

    In any case, Locke based much of his work upon existing Jewish "moral" law which held that rulers were not above the law and their actions were not unquestionable. Numerous other cultures (including Greek, Roman, numerous African, etc.) had long codified similar beliefs. It was not new, except among the aristocracy of western Europe.

    To get back to the original topic, how does the any of this make a difference as far as the interpretation of how men are held to be equal is concerned?

  • Re:And what if... (Score:3, Informative)

    by aaza ( 635147 ) on Wednesday August 10, 2005 @09:09PM (#13290957)
    Has no one here watched Gattaca [imdb.com]? The completely illegal genetic test can be obtained legally via a drug test, saliva sample on the envelope/stamp, etc.

    Just a thought...

  • The genetics of Carpal Tunnel Syndrome and the case of Burlington Northern Santa Fe Railroad are discussed at length in one chapter of a recent book, Human Genome Epidemiology (HuGE). This chapter is freely available on the CDC's website [cdc.gov]. The chapter addresses the issues: "...are genetic risks likely to be important in these cases of CTS; and is there a scientific rationale for testing these workers?" The authors of the article conclude that... "There is no information indicating that equally exposed workers, with and without various genotypes, are at different risks of CTS. What data are available suggest that genetic factors play a very minor role, if any in male railroad track workers. Ultimately, some genetic factors may be found that contribute along with occupational factors to CTS but such information is not available at this time." More literature [nih.gov] for the ambitious at PubMed.
  • by fbg111 ( 529550 ) on Thursday August 11, 2005 @06:45PM (#13298983)
    What am I supposed to do for money? I don't want a free ride but odds are that, if I wouldn't hire someone disabled like me, nobody else will either.

    My dad always told me to get a profession (lawyer, doctor, etc.), not a job. With a job, say as a manager, you're always dependent on a company being willing to employ you for your income. With a profession, you can work for a company or a firm, or hang out your own shingle and work for yourself. One of the best things about being a skilled developer is that it's more of a profession than a job, and you can hang out your own shingle if a company won't hire you. Sounds like you've got the skills to do so, and now a business degree to help you with the financial/legal/managerial side of running your own business, so why not give it a try?

    There are multiple options: contract application development (http://www.dice.com/ [dice.com] http://www.scriptlance.com/ [scriptlance.com] http://www.getafreelancer.com/ [getafreelancer.com] http://www.rentacoder.com/ [rentacoder.com] http://www.elance.com/ [elance.com] government & corporate grants for small tech businesses (http://www.technologygrantnews.com/ [technologygrantnews.com]), or various tech-related consulting services (here's one somewhat related to your situation - http://www.adaptivetech.net/ [adaptivetech.net]).

    It's easy to get into the mindset of thinking the only way to make money is by working for a corporation, and to an extent that's probably the most secure way, unless the corporation goes under. But there are other avenues that while initiallly more difficult may give you more control over your own destiny, and hence may prove to be both more secure and more rewarding in the long run. Try to identify a need that your skills and experiences allow you to address in a unique way. For example, your tech skills and long experience, plus MS might allow for some interesting services to people with MS and similar demographics, and would probably be a decent candidate for a government small business grant. Think about it.

I have hardly ever known a mathematician who was capable of reasoning. -- Plato

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