Brian Ashe Quoted in Business Insurance
“Employer’s DNA Test Rule Raises Legal Concerns”

Brian Ashe was quoted in the November 22, 2009 Business Insurance article, “Employer’s DNA Test Rule Raises Legal Concerns.” The article discussed why the University of Akron is expected to rescind a controversial rule that allows the university to require DNA samples from job applicants as part of a criminal background check.

According to the article, the requirement is believed to be the first genetic testing rule imposed by an employer, which, according to observers, violates the Genetic Information Nondiscrimination Act (GINA) and the Americans with Disabilities Act (ADA) in addition to raising privacy concerns. The article noted that the regulation states that “at the discretion of the University of Akron, any applicant may be asked to submit fingerprints or a DNA sample for [the] purpose of a federal criminal background check.” The article added that the regulation may be rescinded by the trustees at their next meeting on December 13, 2009.

Brian commented that the rule raises concerns about privacy rights violations because “it amounts to snooping around that genetic blueprint.” He added that even if only initially used for a criminal background check, “you’re still going to have this information on hand that is incredibly private and incredibly detailed… that could be used at some future point” for purposes that it was not intended to be used for today. Brian further noted, “I think it would be very difficult for employers to take on the responsibility of keeping that information safe in the long run.”