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Abstract

The comment first provides a brief discussion of genetics and genetic testing. Section II provides a basic introduction to genetics, genetic testing, and genetic discrimination. Additionally, Section II provides a brief overview of current federal laws that address genetic discrimination in the workplace. Finally, Section II also examines the major employment provisions of the Genetic Information Nondiscrimination Act of 2008 ("GINA"). Section III of the comment examines whether there was a need for GINA, and argues that GINA will not have the full effect intended by Congress. The major sources of litigation under GINA are then reviewed based on the articulated issues. With these potential sources of litigation in mind, Section III suggests to employers necessary steps that should be taken to ensure that the employer is in compliance with the provisions of GINA. Finally, Section III examines some of the public-policy concerns legislators should keep in mind when they revisit and amend GINA in the future. Section IV provides a brief conclusion. Author Footnote: Erin Murphy-Hillstrom is a 2010 graduate of The John Marshall Law School.