- Nov. 15, 2016
-- In a case being described the first of its kind, the United States Ninth Circuit Court of Appeals ruled today that the Americans With Disabilities Act protects a person perceived or regarded as disabled because that person carries genetic markers which may predispose that person to having a particular disease but who does not have that disease.
In the case of Chadam v. Palo Alto Unified School District
, No. 14-17384, the school district attempted to transfer Colman Chadam, then 12 years old, from the Jordan Middle School near his home to another distant middle school because it knew Colman carried two genetic markers which could lead to the life-threatening childhood disease of cystic fibrosis. But Colman has never had cystic fibrosis and never will.
Stephen R. Jaffe, the Chadams' lawyer, stated, "This is a great victory for personal privacy. With genetic information becoming increasingly easy to obtain and disseminate, this ruling reinforces the fundamental right to not have genetic information used as a basis to discriminate against them, whether by a school district, employer, insurance company or other persons or entities."www.jaffetriallaw.com