Question

Barnett is African-American. One in twelve of those who are of African descent, including African-Americans, are carriers of the gene for sickle cell anemia. Barnett applies for a job at Best Buy, which is aware of the statistics for sickle cell anemia. Before Best Buy will offer Barnett a job, it requires that Barnett undergo genetic testing to determine if he is a carrier. Discuss the legal issues with Best Buy's requirement. What are Barnett's options and what would you advise him to do?

Answer 1

Genetic testing has now become common in workplace though it is illegal for a company to ask for a genetic testing in order to hire a new employee or to retain/fire an employee. Genetic testing might be both beneficiary to the employee, and can be used as a tool for discrimination. In order to protect the commoners from genetic discrimination, the United States passed the GINA act(Genetic Information Nondiscrimination Act). GINA protects the people from genetic discrimination in health insurance and employment. GINA makes it against the law for an employer to use genetic information to : 1. make decisions about hiring, firing, pay, promotion, privileges or terms. 2. To limit, segregate, classify or mistreat an employee. This means that the employer cannot use family health history and genetic test results in making decisions about employment. GINA allows the employers to gain knowledge about the genetic conditions of an employee in certain special cases. In this case, Barnett should first know the purpose of the required genetic testing and the cases in which it will be used. The privacy policy of the company should be known. If the demand of the company is not relatable ( i.e.) in ensuring workplace safety, processing of sick leaves, providing a suitable health insurance plan, Barnett can seek a lawyer to take legal actions against the company. First he will have to file a claim with the Equal Employment Opportunity Commission(EEOC), in order to later file a claim in the state or federal court. An investigator will be assigned to evaluate the situation by contacting the employer and will try to resolve this through mediation. If the EEOC finds a reasonable cause for discrimination, it will attempt to resolve the situation through mediation. If it is found otherwise( i.e.) if it is found that the company uses the genetic information for its own benefits, Barnett will receive a notice of Right to Sue or actually file a civil suit against the company, on his behalf.