Sample Policy Against the Use of Genetic Information

[Company Name] does not collect, consider or make employment or benefit decisions based on genetic information.

[Company Name] does not use genetic information or genetic testing to identify individuals (applicants or employees) who are especially susceptible to general workplace risks, who may become unable to work or who are likely to incur significant health care costs for either themselves or their dependents.

Accordingly, applicants for employment or employees of [Company Name] will not be required to undergo any genetic testing or reveal genetic information to [Company Name].

Limited toxic chemicals exception

Testing prior to exposure. There is only one exception to our "no genetic information" policy. Employees may be asked to submit to genetic testing before working around certain toxic chemicals in the workplace. [Company Name] may require genetic testing to determine whether the individual's susceptibility to or level of exposure of certain toxic chemicals that occur in the workplace. Work in a specified toxic area will not be permitted until testing demonstrates that the individual does not have sensitivity to the chemicals.

Informed, written consent required. Although genetic testing may be required, it will only be conducted after the individual's informed, written consent has been obtained. If testing consent is not obtained, the individual will not be permitted to work in the specified area.

No retaliation. No adverse reaction may be taken against an employee as a result of the genetic test; however, the genetic test may disqualify the individual from work in the toxic area.

There will be no retaliation against any applicant or employee that refuses to take a genetic test or refuses to reveal the results of a genetic test to [Company Name].

Confidentiality. Any genetic information obtained for this purpose will be stored in confidential files, not in the employee's regular employment record. [Company Name] will not, except upon the individual's informed, written consent, give the results to anyone else.