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Genetic Scores Risk Legal Loopholes

New York Times Business •
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Polygenic risk scoring technology is advancing faster than workplace protections, leaving employees vulnerable to discrimination. Legal scholars warn that existing laws, including GINA and the ADA, don't compel employers to provide accommodations for genetic predispositions.

The legal gap creates significant risks: employers can deny requests for less strenuous jobs based on genetic data without violating current laws. In cases like Darby v. Childvine Inc., courts have ruled that genetic predispositions alone don't qualify as disabilities under the ADA.

As direct-to-consumer genetic testing grows, companies face potential liability while employees lack clear legal recourse. The intersection of genetic privacy and workplace rights remains unresolved as this technology becomes more common.