Genetic Testing & Nondiscrimination Policy

  1. POLICY STATEMENT

In recognition of the fact that genetic information about individuals is irrelevant to their current ability to work, and in compliance with the Genetic Non-Discrimination Act (Canada), the Canadian Human Rights Act, applicable provincial and territorial human rights legislation, and federal and provincial privacy laws including PIPEDA, ABC Company condemns and strictly prohibits the practice of genetic discrimination.

The purpose of this Policy is to effectuate these principles by establishing clear and specific ground rules governing the Company’s collection, use, disclosure and safeguarding of genetic information in accordance with Canadian law.

  1. DEFINITIONS

“Genetic discrimination” means factoring genetic information about individuals into decisions affecting any aspect of their employment, including but not limited to hiring, firing, pay, job assignments, promotion, layoff, training or benefits, contrary to federal, provincial or territorial human rights legislation.

Example: Use of genetic information or testing to identify and avoid hiring job applicants with genetic conditions making them especially susceptible to general workplace risks or disorders that may render them unable to work or costly to insure.

“Genetic information” includes information about:

  • An individual’s genetic tests and the genetic tests of an individual’s family members;
  • An individual’s family medical history indicating whether the individual has an increased risk of getting a disease, disorder or condition in the future;
  • An individual’s request for, or receipt of, genetic services, or participation in clinical research that includes genetic services by the individual or a family member;
  • The genetic makeup of a fetus that the individual or a pregnant family member is carrying; and
  • The genetic makeup of any embryo legally held by the individual or family member using assisted reproductive technology.

For greater certainty, genetic information is considered sensitive personal information under applicable Canadian privacy legislation

  1. PROTECTIONS FROM GENETIC DISCRIMINATION

To protect job applicants and employees from genetic discrimination, and in accordance with the Genetic Non-Discrimination Act, ABC Company will observe the following restrictions in its collection, use and disclosure of genetic information.

3.1 No Required Genetic Testing

ABC Company will not:

  • Require job applicants or employees to undergo any genetic testing;
  • Require disclosure of genetic test results; or
  • Refuse to enter into or continue employment based on genetic test results.

This prohibition applies except where explicitly authorized or required by applicable Canadian law, and only in strict compliance with privacy and human rights legislation.

3.2 No Harassment

ABC Company will apply the terms of its general antidiscrimination and harassment policy to protect job applicants and employees against genetic harassment, including discipline up to and including termination for conduct based on genetic characteristics or perceived genetic traits of the applicant, employee or their family members.

Genetic characteristics are recognized grounds of protection under Canadian human rights law.

  1. PERMISSIBLE COLLECTION, USE & DISCLOSURE

ABC Company will collect, use or disclose genetic information only where permitted by law and strictly limited to what is necessary, reasonable and legally authorized.

Permissible circumstances may include:

  • Employees’ voluntary enrollment in an ABC Company-sponsored wellness program, provided participation is entirely voluntary and no adverse employment consequences result from non-participation;
  • Processing of requests for and verifying eligibility for medical leave, disability accommodation or family medical leave under applicable employment standards and human rights legislation, where such information is voluntarily provided and medically necessary;
  • Monitoring the biological effects of an employee’s exposure to a hazardous product or toxic substance in the workplace, where required by occupational health and safety legislation and conducted in compliance with medical confidentiality and privacy laws.

Where any of the above exceptions apply, ABC Company will:

  • Limit the amount and type of genetic information collected to the minimum necessary;
  • Obtain informed consent where required by law;
  • Ensure compliance with privacy safeguards under PIPEDA or equivalent provincial privacy legislation; and
  • Prohibit use of such information for discriminatory employment decisions.
  1. PROTECTION OF ACQUIRED GENETIC INFORMATION

In the event ABC Company acquires genetic information in the course of carrying out any of the above permissible functions, or inadvertently (e.g., through voluntary disclosure by an employee or publicly available information), the Company will:

  • Treat such information as confidential medical information;
  • Store it securely and separately from personnel files where required;
  • Restrict access to authorized personnel on a need-to-know basis;
  • Use and disclose it only as permitted by law; and
  • Safeguard it in accordance with applicable Canadian privacy legislation.

Genetic information will not be used for employment decision-making except where legally required.

  1. REPORTING DISCRIMINATION

ABC Company is committed to ensuring all applicants and employees feel safe and encouraged to report any incident of genetic discrimination, harassment or misconduct.

Complaints may be made to:

  • The employee’s manager; or
  • Any other manager, HR representative or designated compliance officer, if the manager is involved in the concern.

Complaints need not be in writing but should include as much detail as possible, including:

  • Name(s) of individuals involved;
  • Description of the incident(s);
  • Dates, times and locations; and
  • Any witnesses.

Nothing in this Policy limits an employee’s right to file a complaint with the appropriate Human Rights Commission or privacy regulator.

  1. INVESTIGATION

All reports of violations of this Policy will be taken seriously and investigated promptly.

Where warranted, an internal investigation will be conducted by individuals not implicated in the complaint and in accordance with ABC Company’s Disciplinary Policy and applicable procedural fairness principles under Canadian employment law.

Appropriate corrective action will be taken where a violation is substantiated.

  1. NO REPRISALS

ABC Company strictly prohibits retaliation against any applicant or employee who:

  • Reports genetic discrimination;
  • Participates in an internal investigation;
  • Files a complaint with a regulatory body; or
  • Otherwise exercises their rights under applicable human rights, privacy or genetic non-discrimination laws.

Any act of reprisal will result in disciplinary action, up to and including termination.