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Attorney Wayne
Attorney Wayne, Lawyer
Category: Employment Law
Satisfied Customers: 1506
Experience:  Practicing Law Since 2000
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My employer has made biometric testing or health screening

Resolved Question:

My employer has made biometric testing or health screening mandatory. If we do not submit to the testing, then we will not be provided insurance by the employer. Is this legal?

Also, before the testing is done, we are asked to sign a form stating that we volunteer to the testing. How can it be considered voluntary when we would lose insurance if we choose not to participate?

Thank you for your time.
Submitted: 7 years ago.
Category: Employment Law
Expert:  Attorney Wayne replied 7 years ago.
Is there any document that states this company policy, or is it only spoken? Thanks.
Customer: replied 7 years ago.
It is only spoken. There has not been a change in company policy. In other words, I have not signed anything agreeing to any sort of policy change
Expert:  Attorney Wayne replied 7 years ago.
Sorry if my question was completely clear. The company sets a policy. Did the company put it in writing that if you did not submit to this test that it would cut off your health insurance? Thanks.
Customer: replied 7 years ago.
There was a memo stating why they were requiring employees to submit to the testing and what would happen if we didn't submit to the testing.
Expert:  Attorney Wayne replied 7 years ago.
Thanks. Here's the rub. An employer can make medical history a requirement for insurance, since the insurance company (or a companies) may be bidding for the contract and must assess risk to offer appropriate rates for the group. This in itself is not illegal. However, your employer could be breaking the law if he or she discriminates against you because of a medical condition (Americans With Disabilities Act) or genetic test results (Genetic Information NonDiscrimination Act of 2008).

While it is legal to discriminate if a disability makes it impossible for someone to do a particular job (eg, a taxi driver with failed eyesight), the issue has to be job performance or capacity. You can't discriminate in employment against someone if they can do the job with reasonable accomodation (e.g. the taxi driver could wear glasses).

So the real question is how this information is used. If it is only used to get an insurance quote, then it would be legal. If its used in any way that could discriminate in employment (hiring, promotion etc), then it is not legal.

I wish you resolution of this matter!

Sincerely, XXXXX

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