Abstract

Whether discussing the information revealed through genetic testing and diagnosis or gene therapy and engineering, important questions arise under law. Present public health powers can be used to pass laws that mandate testing or treatment to fix some of the bad genes or enhance existing genetic traits. How much of such genetic modification and retooling will law allow? Will spider silk genes become part of the basketball or soccer player's job descriptions? And what of the athletic parent who refuses such treatment for an unborn offspring will that parent have not done enough for their child? Will the law allow employers to include genetic traits in job criteria for employment? Or will employers be required to accommodate every conceivable genetic disability under ADA, prohibiting genetic discrimination even if a genetic condition or the absence of a genetic enhancement exists by choice? The laws that govern this area of behavior, or interaction with other species are yet to be written. Likely, too, the opportunity to write or implement any of these unwritten laws of the future will be given to every person in this room, in three areas of law and science: privacy; rights and the legal definition of human being and the application of those laws to labor relations, specifically in workplace health and safety.

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