Laura Rothstein

How Genetics Might Affect Real Property Rights Currents in Contemporary Bioethics

New developments in genetics could affect a variety of real property rights. Mortgage lenders, mortgage insurers, real estate sellers, senior living centers, retirement communities, or other parties in residential real estate transactions begin requiring predictive genetic information as part of the application process. One likely use would be by retirement communities to learn an individuals genetic risk for Alzheimers disease. The federal Fair Housing Act prohibits discrimination based on disability, but it is not clear that it would apply to genetic risk assessments. Only California law explicitly applies to this situation and there have been no reported cases.

Impaired Physicians and the ADA

The year 2015 marks the 25th anniversary of the Americans with Disabilities Act (ADA),1 which prohibits disability-based discrimination and requires reasonable accommodation in employment, public accommodations, and public services. Many physicians, however, have been protected from disability-based discrimination since 1973 under the Rehabilitation Act,2 which has comparable provisions but less comprehensive coverage and remedies for physicians. This Viewpoint explores disability discrimination law in the context of impaired physicians. Although the term “impaired physician” is often used to refer to a disability from psychiatric illness, alcoholism, or drug dependence, the legal definition based on the ADA is much broader and includes the full range of physical, mental, and behavioral limitations. Because there have been relatively few cases involving physicians, instructive cases involving nurses and other health professionals also will be discussed.