Genetic discrimination: Huntington's disease and the Americans with Disabilities Act

This Note discusses the potential for genetic discrimination, current views as to whether genetic conditions will be covered by the Americans with Disabilities Act ("ADA"), and the specific issue of whether presymptomatic persons who test positive for Huntington's disease should be classified as persons with a "disability" within the meaning of the ADA. In considering whether presymptomatic Huntington's individuals have a disability under the ADA, an analogy is made between Huntington's disease and HIV-positive status. Inter alia, Huntington's disease and HIV-positive status are analogous in that, at the time of diagnosis, victims of both diseases may have no symptoms and may remain healthy for a number of years; but even though the exact time of onset of both diseases is unascertainable, death of both victims within a given range of years is highly likely. Further, both Huntington's disease and HIV are transmitted to offspring at a relatively high rate. Given these similarities, the author argues that Huntington's individuals should be afforded the protections of the ADA for the same reasons that HIV-positive persons are protected.     

Book reviews

The New Geopolitics of Central Asia and its Borderlands Ali Banuazizi and Myron Weiner (editors) London: I. B. Tauris, 1994, 284 pp, £39.50

The Central Asian Republics. Fragments of Empire, Magnets of Wealth Charles Undeland and Nicholas Platt New York: The Asia Society, 1994, 143 pp

Does Russian Democracy Have a Future? Stephen J. Blank and Earl H. Tilford, Jr. (editors) Pennsylvania: US Army War College, 1994, 162 pp

Between Marx and Muhammad. The Changing Face of Central Asia Dilip Hiro London: Harper Collins, 1994, 402 pp

The Boundaries of Modern Iran Keith McLachlan (editor) University College London: 1994, 150 pp

Islam and Romantic Orientalism. Literary Encounters with the Orient Mohammed Sharafuddin London: I. B. Tauris, 1994, 296 pp, £34.50

Critical Terrains. French and British Orientalisms Lisa Lowe Ithaca, New York: Cornell University Press, 1991, 216 pp, $31.85

The Art and Architecture of Islam 1250–1800 Sheila S. Blair and Jonathan M. Bloom Yale University Press, New Haven and London: 1994, biblio, 280 pp, £45

Culinary Cultures of the Middle East Sami Zubaida and Richard Tapper (editors) London: I. B. Tauris, 302 pp, biblio, index, £34.50     

Mental disabilities under the ADA: a management rights approach

While numerous sources have focused on employee rights and employer obligations under the Americans with Disabilities Act, this article will emphasize employer rights with respect to mental disabilities under the ADA. Specifically, it addresses the ADA's definition of "mental disability," the right of employers to screen job applicants in spite of the ADA, the conditions under which an employer may require an employee to undergo a "fitness for duty" examination, and the limits of the duty to "reasonably accommodate" an employee with a mental disability.     

Issues raised by respiratory therapy arrangements

In large part due to the foregoing issues, Medicare program officials have focused on respiratory therapy as an area with great potential for abuse, and may well introduce significant reforms in the near future. Accordingly, any contractual arrangements for respiratory therapy programs of the type discussed above should be carefully reviewed for compliance with Medicare requirements and for a realistic assessment of the parties' potential exposure to liability under the anti-kickback statute. At a minimum, these agreements should provide for short "without cause" termination provisions, or include a so-called "jeopardy" provision that permits the parties to renegotiate or terminate their contract if significant changes occur in, or if the current arrangement is found or threatened to be found to violate, applicable law.