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Constitutional Law: Hypothetical questions.Analyze the candidates likelihood of success in their lawsuit?

The Human Genome Project has revealed genetic markers that will indicate a person's likelihood of being afflicted with certain physical and mental health conditions. The Maine State Police Department has high turnover rates in it's employees because of medical conditions that prevented officers from working in their jobs, which required them to be physically able to pursue and subdue violent criminals. The high turnover rate caused the state to incur high training costs for replacement officers. At the time, training cost the state approximately $500,000 per officer. Assume that the state of maine has issued a law requiring all persons applying for jobs as police officers to submit to genetic testing and that the main state police department must reject all candidates for whom such test reveal a certainty or strong likelihood that a candidate will become afflicted by a laundry list of health conditions, Schizophrenia, a mental disease, was on the list. It was included because, in the recent past, a police officer suffering from undiagnosed schizophrenia had a psychotic breakdown and shot numerous innocent civilians with his service weapon. For well-qualified candidates were denied employment because they had genetic markers for schizophrenia. They filed suit, alleging that denial of employment violated their due process rights. Experts at trial uniformly testified that the genetic markers for schizophrenia meant that a person was likely, though not certain, to suffer from the disease. and that the severity of the symptoms may vary. Analyze the candidates likelihood of success in their lawsuit

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  • 8 years ago
    Favorite Answer

    Likelyhood that I would ever work for an outfit that required such a ludicrous process… LOW

    If they were told before hand any and all conditions that were being tested for and they agreed to the testing willingly and knowingly of all parameters… LOW chance of winning.

    Source(s): Commo Sense.
  • Anonymous
    5 years ago

    I applaud this decide and desire greater will stick to and face as much as help the guidelines already on the books jointly as extending the rights to the state and native governments to verify and act upon this occasion of illegals. The Feds do no longer do their jobs, even although the regulation is it appears that evidently spelled out for them to stick to. As an agency, it incredibly is against the regulation for me to verify if an worker is criminal or unlawful. we are required to fill out the I-9 form, it incredibly is then used to assist we've accomplished our jobs of checking criminal status and INS is now the decide. On one hand, American people think of we agency proprietors all are out to employ illegals. with out the administration and means to verify if one is unquestionably unlawful, we won't be able to fireplace this worker whether he admits to being unlawful. in ordinary terms the Fed. government can verify that. we seem at their pretend SS enjoying cards, eco-friendly enjoying cards, watch them declare 9 dependants @ 20 yrs previous and understand while finding at them, there's a stable risk they are unlawful, yet we won't be able to tutor it and it is not our place, in accordance to the Fed. government. those workers ***** touching directly to the minimum volume taken out of their exams contained in this form of SS, via fact they have claimed this form of advantageous style of dependents, they pay little or no state or federal earnings tax, have not got any drivers licenses, no coverage and on and on. I call this crap. The states could connect jointly and create law which would be utilized with the help of state/community governments and agencies. greater over, the people could connect jointly and face as much as our very own government and say "sufficient"! DO WHAT we are saying!

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