Policy - 1522.02 Non-Discrimination Based on Genetic Information of the Employee

Last Revised on February 11, 2013

The Board shall prohibit discrimination on the basis of genetic information in all aspects of employment, including hiring, firing, compensation, job assignments, promotions, layoffs, training, fringe benefits, or any other terms, conditions, or privileges of employment.  The Board also does not limit, segregate, or classify applicants or employees in any way that would deprive or tend to deprive them of employment opportunities or otherwise adversely affect the status of the person as an employee, based on genetic information.  Harassment of a person because of genetic information is also prohibited.  Likewise, retaliation against a person for identifying, objecting to, or filing a complaint concerning a violation of this policy is prohibited. 

The Board shall only acquire and/or disclose genetic information of an employee or applicant for employment, in accordance with Title II of the Genetic Information Nondiscrimination Act of 2008, 42 U.S.C. 2000ff, et seq. and 29 C.F.R. 1635 (“GINA”). 

As used in this policy, "genetic information," means information about:  (a) an individual’s genetic tests; (b) the genetic tests of that individual’s family members; (c) the manifestation of disease or disorder in family members of the individual (family medical history); (d) an individual’s request for, or receipt of, genetic services, or the participation in clinical research that includes genetic services by the individual or a family member of the individual; or (e) the genetic information of a fetus carried by an individual or a pregnant woman who is a family member of the individual and the genetic information of an embryo legally held by an individual or family member using assistive reproductive technology. 

The term “genetic information” does not include information about the sex or age of the individual, the sex or age of family members, or information about the race or ethnicity of the individual or family member that is not derived from a genetic test. 

As used in this policy, “genetic test” means an analysis of human DNA, RNA, chromosomes, proteins, or metabolites that detect genotypes, mutations, or chromosomal changes.  The term includes any test of a person’s DNA/RNA. 

If the Board’s employees or agents legally and/or inadvertently receive genetic information about an employee or applicant, it shall be treated as a confidential medical record in accordance with law. 

42 U.S.C. 2000ff et seq.,Title II of the Genetic Information Nondiscrimination Act of 2008

29 C.F.R. Part 1635 

 

© NEOLA 2011