Predictive Testing in the Workplace-Could the German Model Serve As a Blueprint for Uniform Legislation in the United States?

Abstract

This Comment focuses on the problems associated with the use of employment-based genetic testing. Recently, the German National Ethics Council (“NEC”) drafted a list of recommendations to regulate the use of predictive testing in the workplace. This problem of genetic testing is not limited to Germany-similar cases have been reported in the United States. The lack of a federal framework to regulate the use of genetic testing in the workplace creates uncertainty for employees and employers. Though it is likely that any federal framework will require amendments, the increased certainty associated with a uniform federal law will likely outweigh any shortcomings. This Comment analyzes the recommendations of the NEC as a possible blueprint for a uniform law in the United States.