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June 20, 2018

Note: Justice Talking's grant funding expired in 2008 and the project has been closed. This website is an archive of the entire run of Justice Talking shows through June 30, 2008.
It is no longer being maintained. We apologize for any stale or broken links.
Featured Program

Genetic Testing: How Much Should Employers Know?
Last Featured: 5/9/2000

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Note: Justice Talking ceased production on June 30 of 2008. Link information on this site is not maintained and is provided for historical interest only. Although correct when posted, The Annenberg Public Policy Center makes no claim as the the accuracy or continued availability of any third party web links found on this site.

The Court of Appeals for the Ninth Circuit recently found that employees who had been tested for syphilis, pregnancy and sickle cell trait, as part of an employers health exam, but without specific consent for the testing, have a right to sue for sex and race discrimination and violations of their privacy. Since the testing results were not used to penalize the employees nor revealed to anyone other than the employer, the employers claimed ``no harm done.`` What do you think? Join us as we discuss genetic discrimination and medical testing on this edition of Justice Talking.

Michael Yesley is an attorney with the Los Alamos National Laboratory where he focuses on the ethical, legal and social issues raised by advances in genetics, including issues related to privacy and discrimina-tion. From 1990 to 1995, Yesley managed the U.S. Department of Energy's Program on the Ethical, Legal and Social Implications (ELSI) of the Human Genome Project and organized scholarly meetings on genetic privacy. Prior to joining the Los Alamos Laboratory, Yesley was a partner in the law firm of Carpenter, Crout & Olmsted in Santa Fe and a senior staff member at RAND. In the early 70's, Yesley was the Director of the National Commission for the Protection of Human Subjects of Bio-medical and Behavioral Research at the National Institutes of Health where he helped develop federal policy on human experimentation. Yesley received both his undergraduate and law degrees from Harvard University and has written widely on genetic privacy and discrimination.

Barry Steinhardt is Associate Director of the American Civil Liberties Union. He coordinates the ACLU's extensive program on technology issues and chairs its Privacy Task Force. He was a co-founder of the Global Internet Liberty Campaign (GILC), the world's first international coalition of Non- Governmental Organizations concerned with the rights of Internet users to privacy and free expression. Steinhardt, who has spoken and written widely on privacy and genetic discrimination issues, is currently at work on the ACLU handbook on "The Rights of Persons On-line." In 1998, Steinhardt took a leave of absence from the ACLU to serve as President of the Electronic Frontier Foundation. As the ACLU's Associate Director, Steinhardt is also responsible for providing structural and managerial assistance to the ACLU's 52 affiliates and directly oversees the ACLU's offices in Puerto Rico, the Dakotas and Wyoming. Steinhardt previously served as Executive Director of the Vermont and Pennsylvania Affiliates of the ACLU. He is a 1978 graduate of the Northeastern University School of Law.

Closing Quote
"The best test of truth is the power of the thought to get itself accepted in the competition of the market that, at any rate, is the theory of our Constitution. It's an experiment as all life is an experiment."

— Justice Oliver Wendell Holmes

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Special Announcements
Justice Talking’s last broadcast & podcast was June 30, 2008.
American Association of Health Plans (AAHP)
American Civil Liberties Union (ACLU)
The Genome Action Coalition (TGAC)
The National Organization for Rare Disease (NORD)
National Society of Genetic Counselors (NSGC)
National Center for Genome Resources
Counterbalance Foundation
Speakout.com: Map of Genome - Invasion of Privacy?
Privacy Rights Clearinghouse
Protect Genetic Privacy
Preventing Genetic Discrimination
Exploding the Gene Myth : How Genetic Information Is Produced and Manipulated by Scientists, Physicians, Employers, Insurance Companies, Educators, and Law Enforcers
by Ruth Hubbard, Elijah Wald
Genetic Secrets: Protecting Privacy and Confidentiality in the Genetic Era
by Mark A. Rothstein (Editor)
Race and the Justice System
Employment Discrimination Post-Ledbetter
The Women's Equality Amendment