Legal Question in Disability Law in California
Genetic Discrimination
If a genetic test has been done on an individual and they are found to have a disease that will appear in the near future (1-5 years), would the employee be protected by the ADA if they were in perfect health for the time being.
1 Answer from Attorneys
Genetic Discrimination
While there may be caselaw on the issue which I am unaware of, there are two different ways to be considered "disabled" under the ADA for employment purposes -- 1) having an actual disability which substantially interferes with a major life function (but which still leaves the person able to perform the essential functions of the job, though perhaps with some reasonable accommodation) or 2) the PERCEPTION by the employer of a disability, even if none exists.While the situtation described in the question might meet the second test, I do not see the facts as set out in the post as meeting the first test.But keep in mind it is an either/or analysis, you don't have to have BOTH, either of them will do (but for the first test it is a PRESENT disability, not a possible or even certain FUTURE disability that triggers the Act.