News Notes: EEOC Settles Genetic Testing Case

The Burlington Northern and Santa Fe Railroad Company will pay $2.2 million to settle a genetic testing lawsuit filed by the federal Equal Employment Opportunity Commission. The EEOC charged that Burlington Northern conducted genetic testing as part of a medical exam required of employees who had filed work-related carpal tunnel syndrome claims. Burlington Northern agreed in the settlement not to use genetic tests in required medical exams and to provide enhanced ADA training to its medical and claims personnel. Note that the EEOC takes the position that gathering an employee’s genetic information, even if it’s not used to screen out employees, may violate the ADA. The settlement was reached through voluntary mediation between the railroad and the EEOC.