Privacy Issues in the Community College Workplace

Medical Information That is Not Genetic Information: It shall not be a violation of this law to use, acquire, or disclose medical information that is not genetic information about a manifested disease, disorder, or pathological condition of an employee including a manifested disease, disease, disorder or pathological condition that may or may not have a genetic basis.

It is also an unlawful practice for an employer to request, require, or purchase genetic information with respect to an employee or an employee’s family member, except where:

 the information was requested inadvertently;

 health services or genetic services are offered by the employer, including as part of a wellness program;

 the employee provides a prior knowing voluntary written authorization;

 an employer requests family medical history from the employee to comply with FMLA or applicable state laws;  the information is publicly available (but not medical databases or court records);  the information is to monitor the biological effects of toxic substances in the workplace; or  the employer conducts DNA testing for law enforcement purposes but only to the extent that such genetic information is used for DNA markers to detect sample contamination.

Under the EEOC’s final regulations regarding GINA, the inadvertent acquisitions of genetic information does not constitute a violation, such as in situations where a manager or supervisor inadvertently obtains employee genetic information through ordinary Internet searches or overhears a conversation. However, supervisors may not intentionally run a search or request information over a social networking site that is “likely to result in uncovering genetic information.” 128 Maintenance of Genetic Information: If the employer possesses genetic information about an employee, such information must be maintained on separate forms and in separate medical files and must be treated as a confidential medical record of the employee.

Disclosure of Genetic Information: Genetic information regarding an employee shall not be disclosed except:

 to the employee or employee’s family members, at the written request of the employee;

 specified occupational or health research;

Privacy Issues in the Community College Workplace ©2021 (c) Liebert Cassidy Whitmore 45