HR: Violation of the Genetic Information Nondiscrimination Act
The Genetic Information Nondiscrimination Act (GINA) was signed into law in May of 2008 and took effect on November 21, 2009. GINA is a federal law that prohibits health care coverage and employer discrimination based on genetic information. It was enacted by Congress in response to the growing public concern over the misuse of genetic information.
In general, the law states that health insurers are prohibited from requesting or requiring genetic information of an individual or an individual's family members or from using the information for decisions regarding coverage and rates. The law also prohibits employers with 15 or more employees from using genetic information for hiring, firing or promotion decisions or for any decisions regarding terms of employment.
Apparently the University of Akron missed the memo about this new federal law? In October of this year they introduced a new policy that stated all applicants must be willing to submit to a DNA sample as part of their background check. While it's not unusual for employers to conduct background checks, the University seems to be taking the policy to a new, extremely intrusive level.
The University's explanation of their policy is that they are committed to providing a "safe environment". If a crime is ever committed, the school could use the DNA samples on file to eliminate potential suspects? Not only is their policy in violation of the Genetic Information Nondiscrimination Act and possibly the American Disabilities Act (ADA), it also poses a serious threat to the personal privacy of the University employees!
I'm relieved to report that after much negative publicity, the University is said to be backing away from this policy and it will most likely be rescinded by the trustees at their next meeting on December 16th. Let's hope so...