"A Defense of Genetic Discrimination" is less an argument for discrimination than an argument against genetics exceptionalism. Noah Levin argues that genetic information is not per se different from other information and therefore might sometimes be a justifiable basis for employment decisions based on safety concerns. His approach mirrors the employment provisions of the Americans with Disabilities Act, which balances the interest in preventing employment discrimination based on disabilities with the recognition that disability-based distinctions may sometimes be justifiable. Thus, employers may lawfully deny someone a job if a disability prevents the individual from performing the job's "essential functions," even with reasonable accommodations, or if it presents a "direct threat." While case law does not clarify how large probabilistic risks of harm based on disabilities or other medical information must be to justify employment discrimination, surely a significant amount of risk would likely suffice.
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