Issue: Is it lawful for the human resource manager to obtain the DNA samples of the employees through purchase or carrying out a genetic analysis? Is the action against the employment practices? Will the human resource manager succeed in obtaining the DNA results of the employees and taking the necessary action?
Rule : The GINA (Genetic Information Non-discrimination Act) provides that it is unlawful for the employees to obtain DNA data of the employees through purchase or carrying out an examination. The employers should not purchase genetic information of the employees. The employer needs to inform the employee about the genetic monitoring process before carrying out the investigation. Subsequently, the employees should provide feedback to allow or deny the employer from carrying out the genetic monitoring process.
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The employer can receive the DNA results of the employees on condition that they will not disclose to other parties. However, the employers should reveal the DNA results to the employee, family, health researcher, government official or respond to the court rulings. The genetic monitoring process can be carried out in case the federal state needs the employees’ information. The employer should use the DNA results for quality control to identify sample contamination. The employer requires to comply with the federal government regulations as stated by the secretary of the labor union in the OSHA Law.
Analysis : Atlas Corporation provides storage and transportation facilities to the grocery enterprises. The company stores the groceries in their Bronx Warehouse to ensure the goods are safe from defects. Some employees of the corporation started to defect the groceries in the warehouse during the 2017 spring. The company had to encounter losses because the defecations occurred for several occasions. The company has delegated the human resource manager to identify the employees responsible for the defection of the groceries. The human resource manager has analyzed the work schedules of the employees and discovered that two employees are accountable for the losses. The HR claims that Dennis Reynolds and Jack Lowe are the main suspects. The supervisor has requested for DNA tests for the two employees to assist in the analysis.
The GINA law prohibits the employers from carrying out a DNA analysis on the employees. Further, the Genetic Information Non-discrimination Act permits the employers to carry out a genetic analysis under various conditions. In this case, the human resource managers or the Chief Executive Officer of Atlas Corporation needs to provide a letter or notice to inform the employees of the prior genetic examination. The employees need to provide feedback that indicates their acceptance or rejection of the Employer's proposal on carrying out the genetic analysis. It is essential for the human resource manager to obtain an answer from Reynolds and Lowe on conducting the DNA analysis.
After the employee accepts the proposal, the human resource manager will give Speckin Forensic Laboratories the authority to carry out the DNA analysis. On the contrary, Speckin Labs can be prohibited from conducting the genetic monitoring process in case the employees reject the proposition. The genetic analysis should be pertinent to the information needed by the organization.
Further, the human resource manager needs additional information to determine whether the DNA analysis is the appropriate investigation method that should be carried out. The human resource manager needs to determine the privacy implications of the DNA procedure. The HR needs to know whether the DNA will interfere with the employees’ privacy. The human resource manager needs to choose the DNA process that will safeguard the employees’ confidentiality. The tests should not reveal the employee’s ages, sex, disorder or diseases, and family information. The human resource manager should identify the limits of the DNA analysis. The employees can file a suit against the company in case the genetic tests reveal information that can destroy their public image.
The federal law provides that a company can take DNA samples of the employees in case the information will be helpful in quality control and identifying contamination in products. In our case, the human resource management needs the DNA results of the employees to safeguard the product quality and determine the causes of the defection of the groceries. The human resource can be allowed to obtain the data.
Alternatively, Atlas Corporation should not carry out the DNA analysis because the federal law provides that a company should not access the generic information of an employee. The genetic data of the employee should be confidential. The federal law states that only the employee, family, health practitioner or government official should access the DNA information. In our case, the human resource manager might leak the DNA data to the supervisor or the company’s management. The human resource manager can be prohibited to access the DNA samples of the employees.
Conclusion : The GINA law safeguards the privacy of the employees at work. It is against the GINA law for the employers to access or purchase the DNA data of their employees. The employers must have informed consent before carrying out a DNA analysis. The employers are allowed to access the genetic results in case the information safeguards the quality of the products.
