Review Question 3 - Grading Sheet
Genetic Discrimination in Employment Act (50 points)
States-state autonomy (10th Amendmt)-no claim based on argument that
burdens state employmt decisions-regulated along w/private
employers-NLC overturned by Garcia(5 pts)____
state sov-like Printz-compelled to assist enforcemt of fed reg
program-report violations(5)____
state sov-not like Printz-only required to provide info-feds
enforce-reporting is different than enforcemt, more like Reno v.
Conden(5)____
Employers-beyond power of Congress under Commerce Clause-category
3-local activity(4)____
Economic or noneconomic activity?-employment relationship is eco
activity vs discrimination is not eco activity(5)____
If eco activity, could Congress rationally conclude local activity (use
of genetic testing) in aggregate has subs
eco effect on IC?(3)____
application to facts-use of genetic testing leads to job losses,
unemploymt produces less eco activity(7)____
part of a class of activities or comprehensive regulatory scheme
applies to all employers of 5 or more employees?(3)____
N & P Clause-is it plaintly adapted to IC ends, necy to effective
reg of IC itself, part of gen’l
regulatory scheme?(3)____
If non-economic activity, apply Lopez factors to facts-no jur elem, no
findings on IC link, no aggregation, too
attenuated, trad'l area of st reg(7)____
Miscellaneous_______________________________________________________(3)____