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Genetic Testing and Implications of Federal Law Regulations

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Genetic Testing and Implications of Federal Law Regulations In today’s economy, companies are scared of having any negative publicity to ruin their name and try at all costs of preventing this from happening. When companies invade employee’s privacy they have violated the federal government’s guidelines of what is ethical and not ethical. The genetic testing for Huntington’s disease is a new emerging field of science that allows for individuals to know what medical conditions they are predisposed to however the federal government has established laws that state clearly the individual has to give consent and without consent these medical tests violates their medical privacy’s rights. “There are three major types of genetic tests: biochemical, cytogenetic, and molecular.” (Beery, 2014, p. 71) In this case study, the two types of genetic tests were biochemical and molecular. Biochemical test uses enzymes in the blood to see if the enzyme reacts to a certain subject and if does shows what the genetic dispose for that disease. The molecular genetic testing is looking more at the DNA of the person and having to see which DNA sequence leads to the medical disorder. The benefits for Reiger is knowing that what in his body are the cause of the newly discovered condition of Huntington’s disease (HD) and having the correct medical advice on his condition. However, there are more drawbacks for Reiger knowing about his condition from the genetic testing. Scuffham and MacMillan (2014) researched this disease and stated that once patients found out their results mental distress happened because they the knowledge of their children’s risk of getting this condition and having to find more specialized medical doctors that require better health care insurance. Reiger already witness his father’s condition and wanted to fight this condition so it did not dictate his life like his fathers was. The only real case that Danville Airlines can argue for having the right to test Reiger’s genetic makeup is for the potential dangers associated with HD to their employees and clients on-board of the aircraft. However, Wicks and Mead (2004) stated in their case study that there are procedures already in place to prevent airplanes from crashing if the pilot suffered a neurological episode relating from the HD. The backup pilot or autopilot would be forced to take action in the event and these back procedures lead to a prevention of only one percent risk of crashing the airplane when the pilot loses their control of the airplane (Wicks & Mead, 2004, p. 2). So regardless of the genetic testing was without Reiger’s consent it will have no real evidence from disbarring him from flight because of the potential harm of other employee’s and client’s health. If Reiger filed a lawsuit against Danville Airlines for violating his personal and medical privacy then the answer would be more in favor of Reiger’s benefits. Danville Airlines clearly stated that they have enough procedures put into place for overcoming Reiger’s HD condition that could harm anybody. Also in the case study, there are no mentions to other pilots or copilots suffering from this condition or any neurological condition. Reiger could feel like he is being targeted directly at his workplace because of his disability and file additional lawsuits against Danville Airlines for other discrimination infringes. When this genetic testing was made illegal, Danville Airlines violated Reiger’s personal and medical privacy. Danville Airlines do not have any legal right to Reiger’s genetic makeup because it violates his Health Insurance Portability and Accountability Act (HIPPA), Americans with Disability Acts (ADA), and Genetic Information Nondiscrimination Act of 2008 (GINA). Cascardo (2015) stated that Reiger’s HIPPA rights were violated because Danville Airline did not get written consent from him to allow the genetic testing or written consent from him allowing his medical doctor’s office to read off the results to the company. HIPPA has a clear definition that any medical information pertaining to the patient’s medical records has to be approved by the patient on written document when visiting that medical office. Dressler (2008) wrote that companies cannot discriminate “against qualified individuals with disabilities, with regards to applications, hiring, discharge, compensation, advancement, training, or other terms, conditions, or privileges of employment.” (p. 31) When they wanted to not allow Reiger to train to be an airplane pilot anymore this violates this law because HD is a medical disability once diagnosed from a licensed medical provider. If Reiger cannot fly the airplane, it would be special privileges because they have to still pay him for being on their payroll without flying any airplanes which is reverse discrimination against non-genetic disposed employees. Lastly, the GINA statue states that any company cannot directly ask their employees for their genetic information on the job application or even hired for a position in the company (Dressler, 2008). This further argues that Reiger’s rights were illegal violated regardless of the company’s personal status on outcome. Personal biases of having the knowledge of Reiger’s father having the same condition can lead to ethical violations. Julie Tayler is not a lawyer rather a human resource’s director for the company which does not allow her to inject her personal opinion on the situation. If Reiger takes this case to court, Reiger’s lawyer could argue almost any type of defense against anybody allowing the father’s condition to be an influence on their decision given that the company violated their client’s privacy and the airline procedures. Yes, it can happen in the future, however the medical doctor’s in the case study and the article specifically stated that they do not know for a clear fact when the condition can emerge. Taylor can instead honor the 1974 Privacy Act by writing a letter to the Federal Aviation Administration to ask for the privacy files of Reiger to be released because of the sensitivity of the situation (Barrett, 2012). This eliminates any personal biases because a federal judge can review the case and take into consideration all the information to give the ruling on the possible outcomes. Some of the outcomes are having Reiger tested more by medical doctors on his situation or allowing reasonable accommodations at the workplace to honor the ADA’s statue. Danville Airlines clearly violate David Reiger’s medical privacy when they tested his genetic information to find out that he had Huntington’s disease which can lead to legal ramification, but can negotiate properly by asking the federal government to provide a judge’s ruling on the situation. Regardless of the outcome, both parties are at fault for not disclosing that they knew about the medical condition. But Reiger is more of the victim in this case because of the present federal law that outlines that Danville Airlines violated at least three federal laws. Julie Taylor’s best action is to seek guidance from the Federal Aviation Administration through a letter and asking for the permission of allowing Reiger’s job description to be changed without having possible later discrimination lawsuit pending against Danville Airlines.

References
Barrett, C. W. (2012). Privacy Act of 1974; System of Records Notice. Federal Register, 77(78), 24247-24251.
Beery, T. A. (2014). Genetic and Genomic Testing in Clinical Practice: What You Need to Know. Rehabilitation Nursing, 39(2), 70-75 6p. doi:10.1002/rnj.126
Cascardo, D. (2015). HIPAA Investigation Risks Are Increasing. Journal of Medial Practice Management, 34 (7), 85-90 5p.
Dressler, G. (2008). Human Resource Management (11th ed.). Upper Saddle River, NJ: Pearson-Prentice Hall.
Scuffham, T., & MacMillan, J. (2014). Huntington Disease: Who Seeks Presymptomatic Genetic Testing, Why and What are the Outcomes?. Journal of Genetic Counseling, 23(5), 754-761 8p. doi:10.1007/s10897-013-9678-z
Wicks, A., & Mead, J. (2004). Danville Airlines. Harvard Business Review. Retrieved from https://hbr.org/product/danville-airlines/UV0024-PDF-ENG

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