-Caveat Lector-

 >From WEWS via Yahoo!,
http://dailynews.yahoo.com/h/wews/20010710/lo/852857_1.html

Tuesday July 10

Secret Genetic Testing Done On Workers?

CLEVELAND, July 9, 2001 -- What does your boss really
know about you? It may be more much more than you think.

In Monday's Special Assignment, NewsChannel5's Ron Regan reports that your
boss may secretly be gathering medical information that's being used to deny
you a promotion -- or even your job.

A huge corporation secretly collects blood from its workers, quietly looking
for genetic flaws. Although it sounds like the latest Michael Crichton book,
it's not.

"It's real -- it's not science fiction. They are doing it," genetic-testing
target Gary Avary said.

For 27 years, Avary has worked for the Burlington Northern Santa Fe Railway.
But what happened to him in his small Midwestern town is sending shock waves
all the way to Washington.

It began when he had surgery for carpal tunnel syndrome. Soon, Burlington
Northern sent him and 34 others who had the surgery a letter asking for a
mysterious follow-up exam.

"They were looking much deeper than carpal tunnel," Avary said. "This was
just their way into our blood."

The lab took a lot of blood -- seven vials of it. Avary's wife, Janice, said
that she was suspicious before he even went for the exam.

"Seven vials of blood for routine laboratory work?" she said.

Janice investigated and found out that the railroad was doing genetic tests
on the workers -- and no one knew.

"They never asked for any permission," Gary said.

The Avarys, along with a growing number of privacy and consumer advocates,
fear that companies could use genetic test results to cancel insurance
benefits or determine who gets a promotion.

"Because if they have that information that I potentially will get cancer or
Reyes disease or ASL, they're going to use it against me," Gary said.

Burlington Northern insisted that the test was appropriate because their
workers' contracts state that the company can "determine when medical
examinations are necessary." The company claims that it was looking for a
genetic predisposition to carpal tunnel syndrome. But there is no carpal
tunnel gene, WEWS reports.

"When it comes to the most private of medical information, your genetic
makeup and what diseases you may be predisposed to, no one has a right to
that information except your doctor," U.S. Rep. Dennis Kucinich (news -
bio - voting record) said.

Kucinich said that Americans have very little protection for medical
privacy, and he's co-sponsoring a bill to change that. Medical ethicist Dr.
George Agich of the Cleveland Clinic said that in some instances, such
testing can be appropriate.

"Employers certainly have some reason to engage in medical examinations, to
require employees to undergo medical examinations for safety reasons for
themselves and others, but they're not allowed to engage in fishing
expeditions," he said.

No one knows how many more companies might be doing covert testing. For the
Avarys, once was enough.

"It's happening right now," Gary said.

Burlington Northern agreed to stop genetic testing after being sued by the
Equal Employment Opportunity Commission. (Read more about lawsuit here)

Right now, 32 states have laws on the books protecting employees from
genetic testing -- Ohio does not.

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