DAB(LEGAL) - EMPLOYMENT OBJECTIVES: GENETIC NONDISCRIMINATION

Note: The provisions below apply to a district that has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. 42 U.S.C. 2000e(b), 2000ff(2)(B)

Definitions

An individual's genetic tests;

The genetic tests of that individual's family members;

The manifestation of disease or disorder in family members of the individual (family medical history);

An individual's request for or receipt of genetic services, or the participation in clinical research that includes genetic services by the individual or a family member of the individual; or

The genetic information of a fetus carried by an individual or by a pregnant woman who is a family member of the individual and the genetic information of any embryo legally held by the individual or family member using an assisted reproductive technology.

29 CFR 1635.3(c)

A test to determine whether someone has the BRCA1 or BRCA2 variant evidencing a predisposition to breast cancer, a test to determine whether someone has a genetic variant associated with hereditary nonpolyposis colon cancer, and a test for a genetic variant for Huntington's Disease;

Carrier screening for adults using genetic analysis to determine the risk of conditions such as cystic fibrosis, sickle cell anemia, spinal muscular atrophy, or fragile X syndrome in future offspring;

Amniocentesis and other evaluations used to determine the presence of genetic abnormalities in a fetus during pregnancy;

Newborn screening analysis that uses DNA, RNA, protein, or metabolite analysis to detect or indicate genotypes, mutations, or chromosomal changes, such as a test for PKU performed so that treatment can begin before a disease manifests;

Pre-implantation genetic diagnosis performed on embryos created using in vitro fertilization;

Pharmacogenetic tests that detect genotypes, mutations, or chromosomal changes that indicate how an individual will react to a drug or a particular dosage of a drug;

DNA testing to detect genetic markers that are associated with information about ancestry; and

DNA testing that reveals family relationships, such as paternity.

An analysis of proteins or metabolites that does not detect genotypes, mutations, or chromosomal changes;

A medical examination that tests for the presence of a virus that is not composed of human DNA, RNA, chromosomes, proteins, or metabolites;

A test for infectious and communicable diseases that may be transmitted through food handling;

Complete blood counts, cholesterol tests, and liver-function tests.

29 CFR 1635.3(f)

Notices

Prohibited Practices

Discrimination

Retaliation

Acquisition

Conducting an Internet search on an individual in a way that is likely to result in the District's obtaining genetic information;

Actively listening to third-party conversations or searching an individual's personal effects for the purpose of obtaining genetic information; and

Making requests for information about an individual's current health status in a way that is likely to result in the District's obtaining genetic information.

29 CFR 1635.8(a)

Disclosure

Manifested Condition

Inadvertent Acquisition

Overhearing a conversation between the individual and others;

Receiving the information during a casual conversation, including in response to an ordinary expression of concern that is the subject of the conversation. This exception does not apply where a manager or supervisor follows up with questions that are probing in nature, such as whether other family members have the condition or whether the individual has been tested for the condition, because the supervisor or official should know that these questions are likely to result in the acquisition of genetic information;

Receiving unsolicited information (e.g., where a manager or supervisor receives an unsolicited e-mail about the health of an employee's family member from a co-worker); or

Accessing a social media platform that the manager or supervisor was given permission to access by the creator of the profile at issue (e.g., a supervisor and employee are connected on a social networking site and the employee provides family medical history on his page).

29 CFR 1635.8(b)(1)(ii)

Requests for Medical Information

Requests for documentation to support a request for reasonable accommodation under federal, state, or local law;

Requests for medical information as required, authorized, or permitted by federal, state, or local law, such as where an employee requests leave under the Family and Medical Leave Act (FMLA) to attend to the employee's own serious health condition or where an employee complies with the FMLA's employee return to work certification requirements; or

Requests for documentation to support leave that is not governed by federal, state, or local laws requiring leave, as long as the documentation required to support the request otherwise complies with the requirements of the Americans with Disabilities Act (ADA) and other laws limiting the District's access to medical information.

29 CFR 1635.8(b)(1)(i)(D)

Safe Harbor

29 CFR 1635.8(b)(1)(i)(B), (C)

Employment Examinations

Remedial Measures

Health or Genetic Services

29 CFR 1635.8(b)(2)

Leave Requests

Publicly Available Information

Medical databases, court records, or research databases available to scientists on a restricted basis;

Genetic information acquired through sources with limited access, such as social networking sites and other media sources which require access permission from a specific individual or where access is conditioned on membership in a particular group, unless the District can show that access is routinely granted to all who request it;

Genetic information obtained through commercially and publicly available sources if the District sought access to those sources with the intent of obtaining genetic information; or

Genetic information obtained through media sources, whether or not commercially and publicly available, if the District is likely to acquire genetic information by accessing those sources, such as Web sites and online discussion groups that focus on issues such as genetic testing of individuals and genetic discrimination.

29 CFR 1635.8(b)(4)

Workplace Monitoring

Inquiries Made of Family Members

Confidentiality

29 CFR 1635.9(a)

Disclosure Permitted

To the employee (or family member if the family member is receiving genetic services) about whom the information pertains upon receipt of the employee's written request;

To an occupational or other health researcher if the research is conducted in compliance with the regulations and protections at 45 CFR part 46;

In response to an order of a court. The District may disclose only the genetic information expressly authorized by the order. If the order was secured without the knowledge of the employee to whom the information refers, the District shall inform the employee of the order and any genetic information that was disclosed pursuant to the order;

To government officials investigating compliance with Title II of GINA if the information is relevant to the investigation;

To the extent the information is disclosed in support of an employee's compliance with the certification provisions of the FMLA or certification requirements under state family and medical leave laws; or

To a federal, state, or local public health agency, only with regard to information about the manifestation of a disease or disorder that concerns a contagious disease that presents an imminent hazard of death or life-threatening illness, provided that the individual whose family member is the subject of the disclosure is notified of such disclosure.

29 CFR 1635.9(b)

Relationship to HIPAA Privacy Regulations

Tahoka ISD

DAB(LEGAL)-P

UPDATE 93

DATE ISSUED: 2/16/2012