Sensitive Positions

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Sensitive Positions is a currently active law which allows employers to test those in 'sensitive positions' for the X-factor, and to terminate employees who test positive for a mutation deemed to be 'dangerous' in their field of work, as well as employees who refuse to be tested, although not to register them in the Mutant Registration Database.

History

On March 3, 2006, a bill was introduced to committee in the Senate which would allow for employers to test those in 'sensitive positions' for the X-factor. Support for this bill was in part spurred by the belief that Erik Lensherr's escape from a federal prison may have been aided by an employee inside the prison.

The bill was signed into law on July 17, 2006.

Application

Some positions, such as military and intelligence personnel above a certain rank, require a 'mutant test,' while others such as members of police and fire departments, medical workers, and public teachers can be tested should their supervisor demonstrate reasonable suspicion. Employers are able to terminate employees who test positive for a mutation deemed to be 'dangerous' in their field of work, as well as employees who refuse to be tested.

Note that legally, employers are not able to terminate employees who simply possess an X-Factor - their mutation must be proven 'dangerous.' In practice, however, bias and an actively anti-mutant public feeling result in job loss for even borderline cases.