Definition of "Genetic Information"
Genetic information includes information on individual gene testing and individual family members' gene testing, as well as information on the appearance of diseases or disorders in individual family members (i.e. family history). The definition of genetic information includes family history, because people often use this information to determine whether a person has a higher risk of disease, disorder or disease in the future. Genetic information also includes the genetic information of the fetus carried by an individual or a pregnant woman in his or her family members, as well as the genetic information of any embryo legally held by an individual using assisted reproductive technology or a family member.
Genetic Information Discrimination
Discrimination based on genetic information is prohibited in any aspect of employment, including employment, dismissal, wages, job assignment, promotion, layoff, training, fringe benefits and any other terms or conditions of employment. Employers should never use genetic information to make employment decisions, because genetic information has nothing to do with an individual's current ability to work.
Genetic Information Harassment
It is illegal to harass someone because of his genetic information. For example, harassment includes making offensive or derogatory remarks about the genetic information of job seekers or employees or the genetic information of their relatives. Although the law does not prohibit pure ridicule, random comments or isolated incidents that are not too serious, harassment is illegal if it is serious or widespread, causing hostility or aggression in the work environment, or leading to adverse employment decisions (such as the victim's dismissal or demotion). The harasser can be the victim's supervisor, other supervisors, colleagues or people who are not employees, such as clients or customers.
Payback
It is illegal to dismiss, demote, harass or otherwise "retaliate" a jobseeker or employee because the jobseeker or employee has filed a discrimination allegation, participated in a discrimination lawsuit (such as a discrimination investigation or lawsuit) or otherwise opposed discrimination.
Provisions on Prohibition of Access to Genetic Information
It is often illegal for applicable entities to obtain genetic information. There are six minor exceptions to this prohibition:
Provisions on Prohibition of Access to Genetic Information
If certain specific requirements are met, genetic information (such as family history) can be obtained in health or genetic services voluntarily provided by employers, including health plans.
During the FMLA leave (or leave according to similar state or local laws or employer principles) certification process, employees may obtain family medical history if they ask for leave to care for family members with serious health conditions.
Genetic information can be obtained through commercial and public documents such as newspapers, as long as employers do not search these sources for genetic information, or visit the sources from which they may obtain genetic information (such as websites and online discussion groups focusing on personal genetic testing, genetic discrimination and other issues).
When monitoring is required by law, or under carefully defined conditions (the plan is voluntary at this time), genetic information can be obtained in the gene monitoring plan for monitoring the biological effects of toxic substances in the workplace.
Employers engaged in DNA testing as forensic laboratories for law enforcement purposes or for the identification of human remains can obtain genetic information of employees, but these genetic information can only be used to analyze DNA markers for quality control and sample contamination detection.
Confidentiality of Genetic information
It is also illegal for applicable entities to disclose genetic information of job seekers, employees or members. The applicable entity must keep the genetic information confidential and in a separate medical file. There are a few exceptions to this confidentiality rule, such as disclosure of relevant genetic information to government officials investigating compliance, and exceptions to disclosure under court orders.