This is somewhat shocking at GINA is supposed to protect people based on their genetic background and this is the result of the parents disclosing that he has the mutation. They have all his medical records and doctors have confirmed he does not have the disease. The kicker here too is that there are children in the school who do have it. It is not contagious and the ruling here has to do with limiting the number of people who do have it as there’s a risk if two or more people who have the disease creates a risk. The child has had the sweat test and the school did not look at one medical record.
Now what exactly is the “zero risk” and what is the risk if he were to stay? Do we start pulling seniority on who was there first? The parents didn’t even have to disclose this at all but they did, doing the right thing to keep everyone informed and they are now filing a lawsuit. The big question, what is the risk and is it really a risk I think that needs to be answered. Here we worried about employers and this seems to be an issue in the schools, an unintended consequence and this certainly sets a stage for parent maybe not wanting to disclose such information in the future? BD
GINA Law Prohibits Employers from Using Genetic Information But Wellness Programs With Financial Incentives Are OK For Access?
Colman Chadam, an 11-year-old California boy, has been ordered to transfer from his current school to another one miles away because of his genetic makeup. Now, his parents are taking the issue to court.
Colman carries the genetic mutations for cystic fibrosis, a noncontagious but incurable and life-threatening disease. Despite the gene's presence, the Jordan Middle School student in Palo Alto doesn't actually have the disease and doesn't exhibit the typical symptoms of thick mucus that can clog and infect the lungs.
Cystic fibrosis is inherited from both parents and while not contagious, can pose a threat if two people with the disease are in close contact. In an effort to protect other students at the school who do have the disease, officials declared that Colman would have to transfer out to prevent cross contamination.
Colman's parents argue that their son's doctor has confirmed that the boy doesn't have the disease, and therefore isn't a risk to other students. They disclosed his condition on a medical form for the school at the beginning of the year as a precautionary measure, but never expected their son to be barred from the school, as his genetic makeup had not been an issue in the past at other schools with students who have cystic fibrosis.