A medical practice in Florida recently agreed to enter into a conciliation agreement with the U.S. Equal Employment Opportunity Commission (EEOC). The employer, Brandon Dermatology, agreed to stop collecting employees’ family members’ COVID-19 testing results, according to an EEOC news release. It also agreed to restore employees’ leave time, where applicable, and any compensatory damages and inform employees of their rights through training and a posted notice.
The employer’s actions ran afoul of the Genetic Information Nondiscrimination Act (GINA). Except in rare circumstances, employers cannot collect genetic information. The EEOC explains that “genetic information includes information about an individual's genetic tests and the genetic tests of an individual's family members, as well as information about the manifestation of a disease or disorder in an individual's family members. Family medical history is included in the definition of genetic information because it is often used to determine whether someone has an increased risk of getting a disease, disorder, or condition in the future.”
On its website, the EEOC offers technical assistance related to the COVID-19 pandemic and information on genetic information discrimination. Additionally, Employers Council has a whitepaper on the topic. Employers in Utah should note that there is a law specific to your state, and you can find our whitepaper here.
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