Friday, April 8, 2016

Can An Employer Rescind A Job Offer Because Of A Genetic Test? - TLNT

by Eric B. Meyer
Originally published: April 7, 2016
Publisher: TLNT.com 

We received a number of emails following my blog post, “Can you refuse to hire a person whom you fear may have a future disability?”

One of the more substantive emails was worthy of setting the table for today’s post:

There’s an employer in my area that requires every employee to undergo genetic testing as part of their orientation process. What happens if an employee shows up with the BRCA gene for breast cancer? Can the employer rescind the offer because this medical test indicates that the employee has a greater likelihood of breast cancer? Or is there enough wiggle room in the decision that a gene would not be considered a physical characteristic?”

So, under the Americans With Disabilities Act, you can refuse to hire a person whom you fear may have a future disability.