According to the U.S. Equal Employment Opportunity Commission (“EEOC”), Tampa-based Brandon Dermatology violated the Genetic Information Nondiscrimination Act (“GINA”) by asking for and collecting COVID-19 test results of employees’ family members. Brandon Dermatology has agreed to compensate affected employees through restoration of leave time or back pay and compensatory damages, review its COVID-19 policies, conduct training on equal employment opportunity laws as they relate to COVID-19, and post a notice.
GINA prohibits employers from requesting, requiring, or purchasing genetic information about applicants or employees and their family members, except in very narrow circumstances the EEOC concluded “do not apply in this matter.” GINA defines “genetic information” to include “the manifestation of a disease or disorder in an employee’s family members.” According to the EEOC’s technical assistance guidance relating to COVID-19, GINA prohibits employers from asking employees medical questions about family members, including asking an employee who comes into the workplace whether they have family members who have COVID-19 or symptoms associated with COVID-19. However, employers can ask employees whether they have had contact with anyone diagnosed with COVID-19 or who may have symptoms associated with the disease.
What this means to you:
The pandemic isn’t over, and employers continue to struggle with what questions they can ask employees and how to handle requests for accommodations relating to vaccine mandates or coming back into the workplace. Requests for a medical or religious accommodation should never be ignored and should not be denied before engaging in the interactive process.
Make sure your managers and Human Resources know how to treat people with disabilities and properly handle accommodation requests. To learn about our Managing Within the Law program or to book a workshop, please call 800-458-2778 or email us.
Updated 08-08-2022
Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.
