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Genes and Jobs: Can Employers Use Your DNA For A Background Check?

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Not anymore

Psychology Today has an excellent article on this subject titled “Genes and Jobs.”

The Genetic Non-Discrimination Act (GINA) comes into full effect this Saturday, November 21st.

Employers need to take note, and employees should be aware of their rights

Congress passed GINA almost unanimously, and President Bush signed it on May 21, 2008. Described by the late Senator Ted Kennedy as “the first civil rights bill of the new century of the life sciences,”

GINA protects individuals from genetic information discrimination in health insurance and employment

Even some well-informed commentators seem to have missed this landmark piece of legislation. So have some employers. The University of Akron (UA), for example, adopted a policy as recently as August that could require any candidate for employment to submit a DNA sample.

Read more about Genes and Jobs.

The Coalition for Genetic Fairness also gives the following guidelines for employers on how to comply with The Genetic Non-Discrimination Act (GINA).

GINA outlines the following activities as unlawful employment practices and discriminatory on the basis of genetic information:

  • The use of genetic information in making decisions regarding hiring, promotion, terms or conditions, privileges of employment, compensation, or termination.
  • Limiting, segregating, or classifying an employee, or depriving that employee of employment opportunities, on the basis of genetic information.
  • The request, requirement, or purchase of genetic information of the individual or a family member of the individual except in rare cases, as outlined in the drop-down section below.
  • The use of genetic information in making decisions regarding admission to or employment in any program for apprenticeship or training and retraining, including on-the-job training.

Furthermore, employers should be aware that it is unlawful for an employment agency, labor organization, or training program to fail or refuse to refer an individual for employment on the basis of genetic information, nor may the agency or labor organization attempt to cause an employer to discriminate against an individual on the basis of genetic information.

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How To Protect Your Company When Googling Job Applicants

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Earlier this week I wrote how 100% Of Companies Will Be Using Social Networks As Part Of Their Employee Screening Program By 2012.

Jon Hyman from the Ohio Employer’s Law Blog read this post and offers some advice on how employers can protect themselves when they use social networks to screen applicants.

Kindergarten Teacher With A Criminal Record Teaches For 5 Years

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Source: wsmv.com

On October 20, 2009, while on her lunch break, a Tennessee kindergarten teacher was cited for shoplifting $62 worth of wrinkle cream from Walmart.  This past summer the teacher was convicted of stealing steaks from a Kroger.  She has three DUIs and a citation for driving on a suspended license for excessive speeding tickets. She also has five aliases and she’s been teaching young children for the past five years.

As of November 5, 2009 she was still in the classroom teaching.  Watch the video.

What’s wrong here?

The state only requires a background check at the time of hire.

This is a good reminder that your organization should have a Post-Hire Screening Program in place.

A Post-Hire Screening Program (also called recurring screening) is considered a best practice for employers. It ensures a safe workplace and helps reduce the risk of a negligent retention lawsuit. Conducting checks on all new hires is essential. Keep in mind, that a lot can happen in the years after a new hire comes aboard. Companies should consider protecting themselves with periodic post-hire criminal checks and drug screening.

For more information please read:

University Removes New-Hire DNA Testing From It’s Background Check Policy

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dna

Source: cbsnews.com

The University of Akron is backing away from a controversial new policy, which appears to be the first in the nation, saying that new hires can be DNA tested as part of a background check.

William Rich, the vice chairman of the Ohio university’s Faculty Senate, said late Thursday that the administration was now willing to remove references to DNA testing from its background check policy.

As CBSNews.com reported last week, the university’s board of trustees adopted a rule saying a “DNA sample for purpose of a federal criminal background check” may be collected from any prospective faculty, staff, or contractor. That policy, which includes no explicit privacy guarantees, appears to violate a federal law that takes effect on November 21 called the Genetic Information Nondiscrimination Act.

Read more…  University Removes New-Hire DNA Testing From It’s Background Check Policy.

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Photo Credit: kyz

Florida Lawmakers Pledge Changes To Their Background Screening Program

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florida_sunset

Last week we reported about Florida’s Flawed Background Screening System and now Florida lawmakers are talking about making changes to the state system.

Laxness, Loopholes In Background Checks Of Child And Elder Care Workers

Source:  South Florida Sun Sentinel

Florida legislators pledged to overhaul state law to require that caregivers for children and the elderly undergo background checks before they begin work and to close loopholes that have let thousands of felons get jobs in day care and nursing homes.

The proposed reforms come after a Sun Sentinel investigative series last week identified disturbing flaws in the background screening system that allow people to work with Florida’s most vulnerable residents before the caregivers have been vetted.

Even people with criminal pasts can qualify for jobs as caregivers by obtaining an exemption. Thousands have sought and won official permission to work despite having records for crimes including rape, child abuse and murder, the newspaper found.

“What you have discovered is something the Legislature needs to get more serious about and get on top of immediately,” state Rep. Ari Porth, D-Coral Springs, told the Sun Sentinel. A state prosecutor, Porth is drafting legislation to require pre-employment checks and put restrictions on who can get exemptions.

George Sheldon, secretary of Florida’s Department of Children & Families, called reforming the system “a legislative priority for a number of agencies.”

“It just makes sense that the public is assured that those people who are dealing with the most vulnerable have been closely screened,” Sheldon said.

As a result of the Sun Sentinel investigation, Sheldon wrote a four-page letter Thursday to state legislators outlining his plan for a “faster, more efficient system to protect our vulnerable citizens.”

Read more here.

FYI Screening offers a wide array of customized background screening solutions to meet any need. Human Resources and Loss Prevention Professionals in numerous industries worldwide trust FYI’s screening solutions every day to make smarter, safer and more cost effective hiring decisions.

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Photo Credit: http://www.flickr.com/photos/36703550@N00/ / CC BY-SA 2.0