Thursday, August 20, 2015

Danville Airlines Analysis


Date Written: August 9th, 2015
For: GCU - HRM 635

Danville Airlines: Ethics and Issues with Genetic Testing by Employers

            Within the last few decades, the strengths and weaknesses of genetic testing have begun to become apparent within the biological world.  Genetic testing can save lives and determine paternity.  It can also lead to concerns over health and premature depression over impending issues. In the case study of Danville Airlines as per the testing of David Reiger’s blood, the concerns over ethics and legality come up as concerns.  How far is a Human Resources director allowed to go in order to protect the company?  Is it legal, or even ethical, for an employer to test their employee’s blood without consent and to make determinations off of that test? 

The Issues and Benefits of Genetic Testing

            With the development of the Human Genome Project, genetic testing became both a blessing and a curse for people with family histories of disease. According to Curley and Caperna, the goals of the project include creating a blueprint of the human D.N.A. and “these blueprints are then compared to maps of individuals with genetic disorders in order to track down components of a genetic disorder” (2003, p. 25).  The diligence put into this project was meant to help better understand the species that is human, but, like all good intentions, they are sometimes turned to serve the needs of others.

            Giving an employer access to a person’s D.N.A. is a challenging prospect, especially without asking that person’s consent previously.  In the case of David Reiger at Danville Airlines, the results of the Human Genome Project worked against him and gave his employer possible grounds to dismiss him.  At the same time, the actions of Julie Taylor, gave him advanced warning as to his condition and time to make arrangements for the future of Huntington’s disease.

            In either case, alerting someone of their exact health decisions without their consent takes away the element of choice as to their own life.  By telling Reiger he carries the gene for Huntington ’s disease, he no longer has the ability to decided he if wants to know or not.  As the case study quoted Reiger’s wife saying, “giving him the test without his consent is inexcusable” (Mead & Wicks, 2004, p. 7).  Now, Reiger has to live with the knowledge that one day he will have to go through the same pain and dementia his father did and then enters into a whole new level of psychological pressure.

Legal versus Illegal Actions

            If these actions were considered legal, from the employer’s legal stand point, I would say yes, they had the right to do so.  However, from the ethical standpoint, my answer would be a resounding no.  Testing an employee for medical issues without prior consent is a violation of their personal privacy and rights.  It takes away their decisions as to their own healthcare and relieves them of their right to choose. Danville Airline’s Lawyer, nonetheless, would be able to support the actions and win the case as to the company’s right to protect itself and its customers when symptoms begin to show.

            On the other hand, assuming these actions were illegal, the ethics as stated previously would still be in play, but the counsel would not be able to defend the actions of Taylor or Danville Airlines.  This would give Reiger right to sue, keep his job, and to protect himself from any further litigation on the issue.  Also, Reiger has the rights of the 1990 American with Disabilities Act on his side, which protects him if has, “the perception of having a disability, such as having a gene for a disease but not yet showing symptoms” (Mead & Wicks, 2004, p. 4).  This would also lead into his protection under the Health Insurance Portability and Accountability Act of 1996(HIPAA), which protects his medical information through his personal consent.  Assuming that the law is neither for or against the issue, but fighting it would be costly, the ethics would still stand and fighting the case would prove cumbersome for Danville Airlines, as Reiger still has the ADA and HIPAA on his side. 

Ethics and Decisions

            The ethics of the decisions as stated stands regardless of Reiger’s potential.  When all is considered, this is a case where ethics trumps legality and protecting your employee’s personal right to his health is necessary.  It is possible that Reiger’s illness will emerge and cause issues for him as an employee, but it is also possible, even in the slightest that they will not.  Noting that Reiger now knows and has the forethought to look for symptoms, Taylor should not move to change his employment status based on these results.  Instead, she should find a way to help Reiger during his employment and to develop a system of training and wellness that would benefit Reiger, his coworkers, and the company as a whole. 


           

                                                                       References

Curley Jr., R., & Caperna, L. (2003). The Brave New World Is Here: Privacy Issues and the Human Genome Project. Defense Counsel Journal, 70(1), 22-35. Retrieved from http://library.gcu.edu:2048/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=bth&AN=8983913&site=eds-live&scope=site
Mead, J & Wicks, A.C. (2004). Danville Airlines.  Charlottesville, VA: Darden Business Publishing.

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