Employers are often reluctant to hire or promote individuals they believe will become prematurely unable to work. All vary in content, and none address whether the informed consent process will provide notice that the genetic test results may be disclosed without authorization. This protection, however, is very limited, and is yet to be tested in court. Also, the focus of the ADA is not the protection of an employee's privacy. It does not prevent employers from obtaining medical information, including genetic information, after a conditional offer of employment.
Employers can require a preplacement medical exam including genetic tests.
They may also require release of an individual's medical records. Employment organizations should be prohibited from using genetic information to affect the hiring of an individual or to affect the terms, conditions, privileges, benefits, or termination of employment unless the employment organization can prove that this information is job related and consistent with business necessity. Employment organizations should be prohibited from requesting or requiring collection or disclosure of genetic information prior to a conditional offer of employment, and under all other circumstances, employment organizations should be prohibited from requesting or requiring collection or disclosure of genetic information unless the employment organization can prove this information is job related and consistent with business necessity, or otherwise mandated by law. Written and informed consent should be required for each request, collection or disclosure. Employment organizations should be prohibited from releasing genetic information without prior written authorization of the individual.