Pursuant to Policy 3122, Nondiscrimination and Equal Employment Opportunity, the School Board does not discriminate against any employee or applicant for employment with respect to hiring, compensation, terms, conditions, or privileges of employment based on genetic information. The Board also does not limit, segregate, or classify employees in any way that would deprive or tend to deprive them of employment opportunities or otherwise adversely affect the status of an employee as an employee, based on genetic information. Retaliation against an applicant or employee for engaging in protected activity is prohibited.
As required by Federal law and regulation, the Board shall direct its employees not to provide any genetic information in response to requests for medical information, including but not limited to FMLA medical certification or recertification. The Board shall also direct applicants for employment not to provide any genetic information in response to requests for medical information as part of the District’s application process. "Genetic information," as defined by GINA, includes an individual's family medical history, the results of an individual's or family member's genetic tests, the fact that an individual or an individual's family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual's family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services. As provided by Federal law, if the District inadvertently receives genetic information about an employee or applicant for employment from the employee, applicant for employment or a medical provider it shall be treated as a confidential medical record as required by the HIPAA Privacy Rule.
42 U.S.C. 2000ff et seq., The Genetic Information Nondiscrimination Act
29 C.F.R. Part 1635
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