GINA Law

[Simba15]

Under the GINA Law, are we able to not disclose our status to an employer who send us for a pre-employment health screening?

This is what found online: 19. Are there any privacy protections for my genetic information?
A 2008 federal law, the Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and most health insurance plans from denying you employment or health benefits based on genetic information. Further, GINA says that neither your employer nor your health insurer can request, require or purchase genetic information about you.
For tips on how to protect the privacy of your genetic information, see the website for the non-profit organization Council for Responsible Genetics (CRG): www.councilforresponsiblegenetics.org/geneticprivacy/tips.html

 

[jaimers]

I live in MA so for all of my jobs i've held since moving here (2) i had to do a pre-employment health screening and drug test. i have never disclosed CF during one of those screenings. they basically consisted of me bending over to touch my toes, them looking in my ears and that was about it. I can't comment on the legality of it, but i have never disclosed CF.

 

[welshwitch]

What about when you are applying for a job that does pre-employment health screening and they ask you if you have any diseases or health issues? Seems like it's leaving a big thing out.

 

[Simba15]

I THINK it is illegal for them to ask that. I THINK all they can ask is: do you have any medical issues that impede you from fulfilling your position as xyz. In my case the answer would be no.

 

[jaimers]

i'm pretty sure when I did my screening their questions were like the ones you mentioned Simba. I don't think they can directly ask you about generally what you have disease wise, just if something would impede your ability to do the job.

 

[Simba15]

I recently completed a pre-employment health screening at a major ivy league hospital (with a CF center). The entIre process was illegaL. They wanted to know your entire medical history since birth. ILLEGAL!!!!!! They are only allowed to ask if you have any disability requiring accommodations to do the position you are applying to.

 

[Jennyvb17]

GINA stops a company from making you take a genetic test for them. I would ask why it is necessary to the position. Seems a little strange, unless you are in contact with people who can't get the germs we carry.

Pre employment drug screens shouldn't test for anything that isn't a job requirement. If you are stacking boxes or working at a desk they are checking ears and back. If you are jumping out of planes you better believe they are check in your heart.

 

[Simba15]

The GINA law prohibits them from asking genetic information. For example you are at work and your parent dies from cancer. They are not allowed to test you for cancer, require you get tested or ask you if you have cancer. Anything genetic related does not have to be disclosed and cannot be asked by an employer.
It doesn't matter what your job is - they can't ask genetic questions.

GINA stops a company from making you take a genetic test for them. I would ask why it is necessary to the position. Seems a little strange, unless you are in contact with people who can't get the germs we carry.

Pre employment drug screens shouldn't test for anything that isn't a job requirement. If you are stacking boxes or working at a desk they are checking ears and back. If you are jumping out of planes you better believe they are check in your heart.