Genetic Data and Civil Rights: Genomic Privacy and Employment Discrimination In the Age of Big Data

• In Event: 069 - Section on Sociology of Law Paper Session. Promises and Problems of Sociology, Law, and Technology

Abstract

Well-settled legal doctrines prohibit employers from discriminating against job applicants on the basis of physical characteristics such as race, sex, age or disability. However, the full implications of genetic testing were inconceivable during the promulgation of those doctrines. Technological advancements and social trends in the interpretation of genetic testing create the need to further delineate the legal boundaries of the employer’s power to make hiring decisions on the basis of genetic information. Although the Genetic Information Nondiscrimination Act (GINA) took effect in 2009, there continues to be a steady increase in the reported instances of genetic discrimination. This Article argues that GINA should be strengthened with the addition of a disparate impact cause of action.

Author

• Ifeoma Yvonne Ajunwa, Columbia University