Employee Terminated/Cause of Action Dismissed: The Americans with Disabilities Act Provides no Haven for Employees Hypersusceptible to Genetic Illness

Frank R. Emmerich

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DOI: 10.2190/M4LV-U9L1-EB95-E9B1

Abstract

Because modern technology allows an employer to evaluate an employee's genetic code, the potential practice of discriminating against employees determined to be hypersusceptible to genetic illness has become a realistic employment practice. Although these genetically classified employees may be subject to future employment discrimination based on the employer classifying them as "disabled," the employee will not be able to challenge such a discriminatory practice under the Americans with Disabilities Act. A genetically hypersusceptible employee does not possess the requisite "disability" necessary in order to have an actionable ADA claim against the employer.

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