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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 imitating art? (Score:2, Interesting)

    by Jailbrekr ( 73837 ) <jailbrekr@digitaladdiction.net> on Wednesday August 10, 2005 @02:05PM (#13287707) Homepage
    Why did select scenes from Gattica suddenly pop into my head?
  • by rob_squared ( 821479 ) <rob @ r o b - s q uared.com> on Wednesday August 10, 2005 @02:07PM (#13287727)
    Just plant some DNA of someone who you know who's never had Carpel Tunnel.
  • by dr_dank ( 472072 ) on Wednesday August 10, 2005 @02:18PM (#13287827) Homepage Journal
    Thats what happens these days with drug testing. At the behest of insurance companies offering discounts, regardless of effectiveness, more and more companies are instituting compulsory drug testing.

    Aside from possible testing for other conditions (diabetics, pregnant women, etc all miraculously testing positive on the drug screen so that the company doesn't have to pay for their problems), you can be declined for a job purely based on what you do on your off hours.

    Many people would sneer and say "if you don't like it,find another job", but when a growing number of employers are doing drug screens, genetic tests, or whatever for those precious insurance discounts, you don't have much of a choice if you want to support yourself or your family.
  • by techno-vampire ( 666512 ) on Wednesday August 10, 2005 @02:28PM (#13287910) Homepage
    Depending on what's needed to avoid problems, it might be cheaper to do the testing and provide the safer environment for those who need it. The testing is a one-time expense, and any different equipment is a capital expenditure; medical benefits for carpal can last for months, or even years. I have a friend who's been unable to work for over ten years now because she made the mistake of "working through the pain" of carpal, and will never be able to work for the rest of her life. Her last employer will be paying for that as long as she lives. I'm not faulting them, she could have complained about the pain sooner but chose not to. If she has a genetic predisposition and it were known, this would probably have been avoided because they wouldn't have given her the tasks (copying large numbers of pages of various files in a legal firm) that caused this.
  • Re:And what if... (Score:2, Interesting)

    by phyruxus ( 72649 ) <jumpandlink.yahoo@com> on Wednesday August 10, 2005 @02:33PM (#13287938) Homepage Journal
    >>There are plenty of those people here; i.e., people who berate and denigrate any opposition on ethical grounds to embryonic stem cell research, but would likely find major "ethical" problems with employer genetic testing, even with consent.

    Just my 2c...
    I disagree with "ethical" opposition to embryonic stem cell research, because 1) I disagree that an embryo is a person and 2) because I find that those who oppose ESCR because "it's murder" are just fine with killing criminals and foreign civilians.

    I would say that *without* consent, genetic testing presents a privacy problem. If the person is consenting, the only problem there would be if they were coerced (do it or yer fired).

    I don't think I'm a hypocrite, but then neither do the people who oppose abortion and ESCR because "it's murder", but are pro death penalty and pro bomb brown people.
  • by SamShazaam ( 713403 ) on Wednesday August 10, 2005 @02:35PM (#13287948)
    Hypothetically two similar candidates compete for the same position, one with CTS and one without. Insurance costs for the one with CTS will likely be higher. The candidate without CTS gets the job. The candidate with CTS is later laid off. Can you prove in court that CTS had anything to do with this? You don't seriously think the company will tell the truth about the reasons, do you?
  • Re:And what if... (Score:3, Interesting)

    by spun ( 1352 ) * <loverevolutionary.yahoo@com> on Wednesday August 10, 2005 @02:42PM (#13288021) Journal
    Okay, point taken, but it still smacks of trying to draw a pet issue into an unrelated discussion. Personally, I have no ethical issues with stem cell research or genetic testing, along the same lines as I have no ethical issues with guns. Nothing wrong with them, it's what people do with them. And to be frank, in regards to stem cell research, I don't have an issue with any supposed ending of human life. I don't see it that way. A fetus before a certain stage is no more "strictly and technically human life" than an appendix or tonsils are. I have an issue with who will have access to the fruits of this research and how much it will cost.
  • by Marthisdil ( 606679 ) <marthisdil@@@hotmail...com> on Wednesday August 10, 2005 @02:44PM (#13288028)
    no one should have access to my genetic code without my permission or a warrant

    Except that in most states, for example, if you throw something away, they can search it since it's no longer in your possession, instead part of the public.

    So if you drop a hair follicle or drink from a paper cup (which the company paid for), technically, it's not yours anymore since you gave up your right since you didn't keep control of it (in terms of the hair) or the cup is company property in their garbage on their premises....

    They can test DNS from many ways - not requiring you to give them a blood/saliva sample directly.

    I don't have a problem with it - if you have a genetic issue that could prevent you from doing the job you're being hired for, I don't think they should have any reason to hire you over someone who doesn't have it. It's not any different than not having to hire someone in a wheelchair to sweep and mop the steps in your building. There's resonable expectation that you have to be able to do the work.
  • by crovira ( 10242 ) on Wednesday August 10, 2005 @02:45PM (#13288037) Homepage
    As an older worker, I have a pre-existing condition, multiple sclerosis.

    My mobility is affected and I certainly can't dance anymore. (The cane was getting to be a hazard to the others on the dance floor. I know because I danced at a XMas party a couple or jobs ago. :-)

    Trouble is that I am probably working on the last job I will ever be able to get. I'm not that old, 50, so what am I supposed to do what that job 'goes away' as all consulting tech jobs that I ever worked on over the past 25 years have done.

    I'm too handicapped and I may be too old for retraining, despite the Associate's in Business that I am currently getting (at week's end thank you.)

    I am just getting tossed out. Its nothing personal but that's just the way it goes. The software I was working on (a CRM system written in Smalltalk,) has been end-of-lifed.

    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.

    I'm not dead yet, but some days, I sort of get the feeling that everybody else wishes that I was. so they wouldn't have to be bothered.
  • by Anonymous Coward on Wednesday August 10, 2005 @02:45PM (#13288045)
    ...being "young and arrogant." Pride comes before a fall, son. Wisdom comes when you begin to suspect how incredibly ignorant you are (I'm personally not anywhere near there yet).

    "...all the folks I know with 'carpal'..."

    Your experience is very limited, young man. Have you been to college? If so, you should have an idea of how incredibly few people you have actually met in your short life time.

    "It's sort of like the handicapped parking spots everywhere - I can't remember the last time I saw someone wheelchair-bound park in one, can you?"

    They aren't just for Stephen Hawkings, dude. There are folks with heart conditions that would have a coronary from walking from the last row at Wal Mart, but just from looking at them you couldn't know they had a handicap.

    You wouldn't know of my friend Mike's handicap without close scrutiny - he had polio as a child. Very painful.

    In short, sir, your arrogance has blinded you. Arrogance leads to continued ignorance, because if you think you know everything, how could you possibly learn anything?

    Grow up.
  • Basically, her union didn't do jack. As far as I can tell, they just collected dues and used them to finance political candidates. I don't think I ever heard her telling a story of the union sticking up for a member, but I heard plenty about them going along gladly with whatever new asshat-ery the railroad had come up with that month.
  • by geomon ( 78680 ) on Wednesday August 10, 2005 @03:04PM (#13288215) Homepage Journal
    Yes, I'm sure that if genetic testing of individuals without their consent were to be outlawed, some companies would continue doing it in secret, just as if discrimination was outlawed, some companies would circumvent the law as I outlined above.

    What are you going to do if a sibling gets arrested? Although there is enough difference between you and your siblings to avoid the claim that because your brother has a disorder that you should have it too, it may be provide the basis for a legal challenge should it come up in a workman's compensation claim. The employer can get to your family member's DNA without a court order because that information is part of the public record when they are arrested (in some, if not all, jurisdictions).

    So an employer can simply have the courts compel you to disclose your genome without taking the draconian and ethically-challenged route of covert testing. Considering the sheer number of offenses that qualify for DNA fingerprinting upon arrest (and growing each year), it won't be long until portions of everyone's DNA will be part of an arrest record - and by extension, part of the public record.
    --
    "Science is completely neutral with respect to philosophical or theological implications that may be drawn from its conclusions." - Fr. George Coyne, American Jesuit priest and distinguished astronomer
  • Re:And what if... (Score:3, Interesting)

    by bluprint ( 557000 ) on Wednesday August 10, 2005 @03:06PM (#13288232) Homepage
    Basically, large companies have proven themselves untrustworthy (in general) and dangerous to the well being and rights of the individual. They have also been able to corrupt the government to the detriment of the individual.

    Wow. It's amazing people think this way, not surprising, but amazing. "Power corrupts, corporations have power over employees, therefore they are evil". However, government, with even more "power" than any corporation could hope for, is good. They protect us. And in cases where they are corrupt, it's because "...[corporations] have been able to corrupt the government".

    I'm not sure why I ever wonder how our current political environment has remained for so long. Thanks for the reminder.
  • by Anonymous Coward on Wednesday August 10, 2005 @04:01PM (#13288620)
    If there is a pattern of harrassing workers near retirement, it should be trivial to prove age discrimination. I don't know about the land of the "Free", but in Canada you are guilty of civil rights violation if you discriminate on the basis of age (between 18 and 65). Picking on people with 30 years' seniority or pushing 60 years of age should be a slam-dunk for age discimination. I don't think you can argue "the old ones with only 10 years seniority didn't get this treatment". That would be like arguing "But we only discrimated against the ugly , not the good-looking ones." In either case, rightly, discrimination is a significant component of the management decision. A union that couldn't prove that, then either the pattern is not as obvious as you claim or the union and their lawyers are incompetent. Making engineering supervisors clean toilets is a pretty obvious sign of harrassment.
  • by solosaint ( 699000 ) on Wednesday August 10, 2005 @04:04PM (#13288639)
    im surprised nobody has mentioned this, but obesity is one of the biggest links to CPS, see http://www.umm.edu/patiented/articles/who_gets_car pal_tunnel_syndrome_000034_4.htm [umm.edu] but getting people to be healthy is much harder than telling them they have CPS
  • Re:And what if... (Score:2, Interesting)

    by Jobe_br ( 27348 ) <bdruth@gmail . c om> on Wednesday August 10, 2005 @04:16PM (#13288732)
    I can't help myself, I have to say something.

    The problem I see with the whole debate on stem cell research, abortion, etc. is that the discussion is based on generalities and painting broad strokes with huge brushes.

    Quite frankly, if I as an individual do not want any embryos that I have sired to be used for stem cell research, there isn't a SINGLE researcher out there that would even, for a moment, consider trying to force ME (just ME) to acquiesce.

    At every step of the process in obtaining viable stem cell lines for research (or commercial applications, when the research bears fruit), every possible step is taken to ensure that the ultimate "owners" of the genetic information agree to the use of that information for these purposes. At least, this is my understanding.

    So, for all those folks who have a problem with it, just say no, personally, individually. Let everyone else do the same. Regardless of how a "person" is defined, let's not try to apply this broadly, generically.

    In a case-by-case, individual scenario, you could easily imagine a couple at a fertility clinic talking with a doctor who has tested certain ova or even embryos and found that they are, individually, unable to sustain life. At that point, the doctor presents a form and asks quite simply: "These cells cannot provide you a child, would you agree to their use to further research derived from these cells?" Some folks may still have a moral or otherwise personal problem with that and say No. Others may not and say Yes.

    Either way, this is a personal, individual decision that needs to be carried out on a case-by-case basis. Generalizing it and lifting it to a higher level really obfuscates the issue and complicates matters unnecessarily, as it introduces parties into the equation that really have no reason to be involved.

    Sorry, had to throw in my $0.02.
  • Re:And what if... (Score:2, Interesting)

    by phyruxus ( 72649 ) <jumpandlink.yahoo@com> on Wednesday August 10, 2005 @05:35PM (#13289474) Homepage Journal
    >>There is no disconnect between opposing abortion and being in favor of capital punishment.

    unless your basis for opposing abortion is that "god said thou shalt not kill".

    It's perfectly sensible to oppose abortion and favor the death penalty - unless your reason for abortion is "thou shalt not kill", but you have microamnesia when it comes to adults.

    I never said anyone had to believe anything.

    >>Well hell! It's a good thing you're not painting with a really broad brush or anything!

    Email me when 50% of the country doesn't consider me a "terrorist" simply because I am not a conservative. Nuance is useless today. Only big, broad ideological strokes remain. Welcome to 2005.

    >>Saying that one must be against capital punishment if they're against abortion is exactly equivalent to insisting that people who dislike broccoli also dislike strawberries. It's a non-issue.

    Looks like you jumped to flame me without understanding what I wrote. For good measure read the post I replied to also.

    Have a nice day.
  • by defile ( 1059 ) on Wednesday August 10, 2005 @05:44PM (#13289531) Homepage Journal

    This is why you work at really small companies if you don't want to be treated like a cog in the corporate machine.

    Yeah, you might not get the enormous benefits package and a clear job title, but at least you keep more of your soul.

  • by Shihar ( 153932 ) on Wednesday August 10, 2005 @07:15PM (#13290306)
    I would suggest taking alternative methods of healing very carefully. A friend of mine tried some alternative methods of dealing with his bi-polar disorder. He was on drugs that were kinda-sorta doing the job. They kept him stable and relatively happy, but they had some unpleasant side effects, namely weight gain and very bad acne. So, he decided to try an alternative method of dealing with it. He saw a glowing article on a certain vitamin therapy, started taking massive quantities of vitamins, dropped off his drugs, and eventually tried to kill himself.

    The problem with 'alternative' medicines is that too few of the alternatives have been properly studied, they have been debunked, were studied by biased groups, or were studied using poor methods. Conventional medicine, while rarely offering up magic bullets, does a pretty good job telling you the sort of odds you are walking into. Alternative medicines on the other hand tend to be like setting off through a mine field. You might get something really that works, but you also might get some new age hippie bullshit.

    So, if you have exhausted what conventional medicine has to offer, it isn't bad to branch out and explore a little. That said, I would be damn weary about dropping off drugs. The drugs might not be improving things, but they might be slowing down the progression of your illness or holding it steady. Further, you can try some alternatives without dropping off your drugs. There isn't a reason in the world why you have to drop off your drugs while you are trying acupuncture, meditation, or an improved diet.
  • by abb3w ( 696381 ) on Wednesday August 10, 2005 @11:53PM (#13291771) Journal
    Government employ is a good place for those with limited disabilities. Many branches are very accomodating. The pay isn't as good as corporate, but it would certainly beat being unable to find anyone to hire you.

    My sister was hired by the NRC, coming on with a strong case of Primary MS. They accomodated her for several years (large screen monitor back when those cost a pretty penny, two hour "lunch" so she could nap midday on a cot in her office, etc), until her medical condition compelled retirement-- increased eye tremors left her unable to read a book or computer screen, even with technological assistance.

    The government employee pool is large enough to be statistically self-insuring-- the health plan isn't spectacular, but it's far from bad, and a minor thing like Relapsing/Remitting MS isn't even a blip on the radar.

  • by Shihar ( 153932 ) on Friday August 12, 2005 @04:34AM (#13301942)
    Spoken like someone who knows jack and shit about mental illness, and/or a scientologist. If you are in complete denial that the human body occasionally goes chemically out of whack, I would hate to see your 'cure' for diabetes. "No ass hole, you can eat sugar, it is just in your head that you are going to get sick and die."

    The simple fact of the mater is that our body IS a chemical machine that can be fucked with. Give someone MDMA and they WILL become happy and empathetic. Give someone vellum and they will be indifferent to almost anything. Your emotions are controlled by the chemistry of this machine. Now, are modern day psyche drugs crude at best? Absolutely, though that has less to do with medical abilities and more to do with long held denial that people could will away mental illness that retarded any true understand of the field for years. Wishing away a mental illness is roughly as effective as wishing away diabetes.

    Most people are blatantly ignorant when it comes to mental illness. Hell, I was blatantly ignorant of it until I had to watch people I was close to go through it first hand. I don't get depressed. I can't even contemplate being sad for no reason. That said, this isn't true for all people. For some people, absolutely everything could be right in the world, recognize the absolutely nothing is wrong, and they could still wish themselves dead for reasons they don't know. No amount of reasoning or yoga can fix that because it is completely irrational to begin with and purely the result of a defect in their chemistry.

    There is a difference between melodramatic people looking for attention and people who are clinically depressed. I personally hope that none of the later has to have you as a friend, as the last thing they need is one more stupid asshole telling them that it is all in their head and to stop being so melodramatic. That sort of worthless advice is what drives people to try one of the more effective methods of offing themselves that you suggest.

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