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Pre-employment testing and GINA
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Pre-employment testing and GINA
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Recent stories about GINA and the use of genetic testing has caused our HR department to consider discontinuing the use of pre-employment exams, for fear that patient and family medical history will g
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Forums  »  Topic Forums  »  Legal Forum  »  Pre-employment testing and GINA

Pre-employment testing and GINA

posted at 11/24/2010 7:47 AM EST
Posts: 6
First: 8/12/2008
Last: 9/6/2011
Recent stories about GINA and the use of genetic testing has caused our HR department to consider discontinuing the use of pre-employment exams, for fear that patient and family medical history will get released inadvertently and cause us to be at risk of violating the law. We do not order any genetic testing, but the provider does ask questions about Medical History.
Is anyone else dealing iwth this issue?
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Pre-employment testing and GINA

posted at 11/24/2010 8:19 AM EST
Posts: 562
First: 11/12/2009
Last: 9/14/2011
Why is the provider asking about medical history?
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Pre-employment testing and GINA

posted at 11/29/2010 2:13 AM EST
Posts: 6
First: 8/12/2008
Last: 9/6/2011
Medical history is a component of the overall Physical Assessment,used to determine the ability to do the functions of the job.
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Pre-employment testing and GINA

posted at 11/29/2010 5:54 PM EST
Posts: 43
First: 10/14/2000
Last: 8/18/2011
Why are you asking about medical history? Instead why aren't you simply doing functional testing? That eliminates any risk of ADA violations as well.
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Pre-employment testing and GINA

posted at 12/1/2010 7:45 AM EST
Posts: 2146
First: 2/15/2006
Last: 9/14/2011
I would review what type of information/physical assessment is truly needed to do the job and make sure it is a BFOQ.

There are very few positions where I think medical history is very truly needed. I would be very very careful on this one.
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