Genetic Information: Legal and Law Enforcement Issues

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Nancy Lee Jones, Alison M. Smith
Nova Publishers, 2005 - 36 páginas
On June 26, 2000, in a special ceremony at the White House, the completion of the 'rough draft' of the human genome was announced. This milestone, which has been compared to the discoveries of Galileo, and other advances in genetics have created novel legal issues relating to genetic information. The Human Genome Project, with its goal of producing detailed maps of the 23 pairs of human chromosomes and sequencing the three billion nucleotide bases that make up the human genome, has been instrumental in the identification of genes implicated in various diseases including glaucoma, colon cancer, and cystic fibrosis. With the identification of these genes comes the hope of genetic therapies to cure disease but this scientific accomplishment is not without potential problems. For instance the presence of a cancer causing gene may indicate a predisposition but does not guarantee that the person will contract the disease: How should an employer or insurer respond? The ethical, social, and legal implications of these technological advances have been the subject of significant scrutiny and concern. This new book discusses federal law, state statutes and legislation related to genetic information.

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Contenido

Background
The Health Insurance Portability and Accountability Act of 1996
5
Executive Order
7
The Americans with Disabilities Act
11
Privacy
21
State Statutes
25
Legislation in the 106th Congress
26
Legislation in the 107th Congress
27
Legislation in the 108th Congress
29
Index
33
Derechos de autor

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Página 12 - disability" means, with respect to an individual (A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment.
Página 18 - Murphy, the plaintiff was not found to be regarded as substantially limited in the major life activity of working. The main point of this rather complicated discussion is that making the case that one is regarded as substantially limited in a major life activity, particularly the major life activity of working, is likely to be difficult.
Página 18 - In testimony before the Senate Committee on Health, Education, Labor, and Pensions (July, 2001), William E.
Página 8 - To limit, segregate, or classify employees in any way that would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee because of his race, color, religion, sex or national origin.
Página 1 - Health, observed: while genetic information and genetic technology hold great promise for improving human health, they can also be used in ways that are fundamentally unjust. Genetic information can be used as the basis for insidious discrimination. . . . The misuse of genetic information has the potential to be a very serious problem, both in terms of people's access to employment and health insurance and the continued ability to undertake important genetic research/ Genetic Discrimination is a...

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