TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 8 P14

Gale Encyclopedia of American Law Volume 8 P14 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 118 PRIVACY ACT OF 1974 Lawrence Berkeley Laboratory the oldest research lab in the country argued that it was not liable because the employees had all agreed to receive comprehensive physical examinations. A defendant in the case Thomas Budinger a former medical director of the lab defended the testing of African Americans for syphilis. T hat s where the prevalence of the disease is Budinger explained to Hawkins. How come only people over a certain age would get an EKG See the logic The laboratory also denied that the testing was done in secret. According to attorney Douglas Barton the lab posted test results on a wall in the exam room. The plaintiffs in the case disputed that assertion and they argued that they had not agreed to repeated testing without their consent but the federal district court in San Francisco dismissed the case. According to Judge Vaughn Walker of the federal trial court in San Francisco the tests were administered as part of a comprehensive medical examination to which the employees had consented. The plaintiffs appealed the dismissal of the case to the Ninth Circuit Court of Appeals. In February 1998 the federal appeals court reversed the ruling and remanded the case for trial. Norman-Bloodsaw v. Lawrence Berkeley Laboratory 135 1260 9th Cir. 1998 . According to the appeals court the testing violated constitutional privacy rights if the employees had not given their consent and there were no reasonable medical or public health needs that justified the testing. The testing also violated Title VII of the Civil Rights Act of 1964 if the testing was conducted based on race and gender-specific traits. The appeals court put a stop to the testing and ordered the lab to delete all of the secret test results from the personnel files of the employees. The Norman-Bloodsaw decision is important because it places some limits on the use of genetic testing of employees. Every year genetic researchers are discovering new genetic predictors for .

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