Covid Testing Case Warns Employers on Genetic Bias Law Liability

A settlement between a Florida medical practice and the EEOC illustrates how employers trying to avoid Covid-19 outbreaks in their workplaces still must be laser-focused on how much they can inquire about or collect family medical history.

The US Equal Employment Opportunity Commission last week said that it reached a settlement with Tampa Bay, Fla.-based Brandon Dermatology after an agency investigation found the medical practice was collecting employees’ family members’ Covid testing results.

That conduct could violate the seldom-cited Genetic Information Non-Discrimination Act, a 2008 law that, among other things, made it illegal to discriminate against employees or applicants based ...