This Article attempts to compile the latest information available concerning this difficult problem. Part I reviews the scientific literature, explaining the biological basis of increased risk of occupational disease. Part II explores the efforts of various employers to incorporate this research into their personnel practices. Part III surveys the legal response to these practices. Employees may challenge medical screening on a variety of theories, most of which were not designed to deal with the problem of susceptibility to occupational disease. Not surprisingly, none of the approaches offers an entirely satisfactory response to the problem. This Article offers no clear answers. Indeed, scientific advances may soon render today's solutions inappropriate. Rather, the Article concludes with an effort to summarize the questions any future policy must answer.
Mark A. Rothstein,
Employee Selection Base on Susceptibility to Occupational Illness,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol81/iss6/2