Norman-Bloodsaw v. Lawrence Berkeley Laboratory - Significance, Medical Secrecy In California, A Right To Personal Privacy, Impact, Further Readings

court appellant 9th decision

Appellant

Marya S. Norman-Bloodsaw, Vertis B. Ellis, and six other individuals

Appellee

Lawrence Berkeley Laboratory, Regents of the University of California, U.S. Department of Energy, and others

Appellant's Claim

That a public employer conducting medical tests on its employees to determine intimate medical conditions without their knowledge or consent violates the employees' constitutional right to privacy.

Chief Lawyer for Appellant

William C. McNeill III

Chief Lawyer for Appellee

Douglas H. Barton

Justices for the Court

Stephen Reinhardt (writing for the court), Thomas G. Nelson, Michael Daly Hawkins

Justices Dissenting

None

Place

San Francisco, California

Date of Decision

3 February 1998

Decision

The appeals court reversed a district court's ruling by finding the secret medical tests violated Title VII of the 1964 Civil Rights Act and state and federal constitutional privacy guarantees.

Related Cases

Schowengerdt v. General Dynamics Corp., 823 F.2d 1328 (9th Cir. 1987).
Yin v. California, 95 F.3d 864 (9th Cir. 1996).
Loder v. City of Glendale, 927 P.2d 1200 (Cal 1997).

Additional Topics

Norman-Bloodsaw v. Lawrence Berkeley Laboratory - Significance

The ruling created a significant legal precedent protecting employees or job applicants from medical testing without their prior knowledge and approval. In an era of rising health care costs and insurance liabilities, more employers sought means for reducing their financial risks. The court reasserted an individual's right to privacy and freedom from discrimination based on a person's medical cond…

Norman-Bloodsaw v. Lawrence Berkeley Laboratory - Medical Secrecy In California

The Ernest Orlando Lawrence Berkeley National Laboratory is the oldest national research laboratory in the United States. Operated by the University of California in coordination with the U.S. Department of Energy, the Laboratory conducted unclassified research on human genetic makeup, breast cancer, astrophysics, and nuclear science, among other subjects. For years hundreds of employees gave bloo…

Norman-Bloodsaw v. Lawrence Berkeley Laboratory - A Right To Personal Privacy

In reviewing the case, the appeals court considered the statute of limitations issue first. The district court had ruled that the limitations period began at the time the blood and urine samples were taken. However, Judge Stephen Reinhardt, writing for the court, asserted that the general federal rule for initiating limitation periods was based on when an individual becomes aware of an injury. Rei…

Norman-Bloodsaw v. Lawrence Berkeley Laboratory - Impact

The ruling reinstated the Lawrence employees' case to proceed with their discrimination claims. The employees sought to require the laboratory to notify all persons that were tested, destroy the test results, and provide explanations of how the medical information was used. The U.S. Department of Energy soon after the decision changed its policies requiring that clear communication occur with all …

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