Born to be Expelled

DNA analysis has come a long way in the short time since the human genome was fully sequenced in 2003. In fact, genetics has expanded so rapidly that modern legislation has struggled to keep up. In most cases, genetic sequencing is used to benefit the individual by providing crucial information about genetic markers indicative of predispositions to health risks for that individual, or purely for informational purposes related to that person's ancestry. The relative cost of sequencing a person's DNA has greatly decreased over time, so naturally it has become a more accessible means of diagnosis.

For Colman Chadam, this was exactly the case. He was born in 2000 with a small congenital heart defect that prompted doctors to sequence his genome. They discovered he had genetic markers associated with cystic fibrosis (CF), although he did not display any symptoms of the disease, and never has. When this genetic information was revealed to the middle school Chadam attended in Palo Alto, CA, he was kicked out.

Although it sounds like a strong case for genetic discrimination, there is more to the story. The middle school was also attended by two siblings who both have Cystic fibrosis. The disease is a genetic disorder that has detrimental effects on the lungs and digestive system, and greatly increases a person's chance of contracting lung infections. People with CF are so susceptible to lung infections that they must be separated from other people with the disease to avoid risking cross-infection. The US Cystic Fibrosis Foundation recommends maintaining at least 6 ft. of separation between affected individuals. Knowing this, the school officials allegedly decided that the safest option was to prevent Chadam from attending the school, even though he does not show any signs of cystic fibrosis. Chadam’s parents were so upset over the school’s decision that they sued the school on the grounds of violating the Americans with Disabilities Act (ADA) and Chadam’s first amendment right to privacy. The case was initially dismissed in a district court, but is currently under the appeal process in the federal 9th circuit court. There is currently no legal precedent for what decisions can and cannot be made based on a person’s DNA. Any instance of genetic discrimination up until now has been decided on a case by case basis, but with the departments of Justice and Education lending support to Chadam’s case, a precedent may be set within the ADA to prevent such cases of discrimination in the future.

Sources:

http://www.sciencealert.com/a-kid-s-dna-got-him-kicked-out-of-school-in-california

https://www.cff.org/Living-with-CF/CF-and-School/Working-with-Your-Childs-School/When-There-s-More-Than-One-Person-With-CF-in-the-Same-School/

Posted by Josef Mazzuchi (2)