-------- Original Message --------
Subject: 	Re: Your query to Univ. of Akron
Date: 	Tue, 27 Oct 2009 14:57:05 -0700
From: 	Declan McCullagh <declan@cbsnews.com>
Organization: 	CBSNews.com
To: 	Massie,Laura M <massie1@uakron.edu>

Laura,

Thanks for your email. I understand the DNA test is not required and the 
university can require it at its discretion. Of course in practice that 
could mean testing *everyone* or *nobody*. :)

I have a few questions, including ones I posed earlier, that I don't 
believe you answered:

* What prompted this policy?

* How many job applicants have been DNA tested so far?

* What kind of DNA test is it? (Blood or cheek swab?)

* Is it run against the FBI's CODIS database?

* When was the policy announced?

* What happens to the physical blood/cheek samples? Are they destroyed 
or returned?

* Has your university attorney reviewed GINA and has the university 
concluded that its policy complies with GINA?

(It might be easier if we just have this conversation on the phone.)

Thanks,
Declan




-------- Original Message --------
Subject: 	Re: Your query to Univ. of Akron
Date: 	Tue, 27 Oct 2009 16:25:41 -0700
From: 	Declan McCullagh <declan@cbsnews.com>
Organization: 	CBSNews.com
To: 	Massie,Laura M <massie1@uakron.edu>

Laura,

Thanks for chatting a moment ago. I appreciate you taking the time while 
en route to something more interesting than discussing genetic testing 
policies. :)

Here's another question to add to the list:

* Has the university attorney concluded that the newly-announced policy 
complies with the Americans With Disabilities Act? Here's what the EEOC 
says about "medical examinations that are not job-related" in its 
official ADA enforcement guidance, emphasis added:

http://www.eeoc.gov/policy/docs/guidance-inquiries.html
Congress was particularly concerned about questions that allowed 
employers to learn which employees have disabilities that are not 
apparent from observation. It concluded that the only way to protect 
employees with nonvisible disabilities is to prohibit employers from 
making disability-related inquiries and ///requiring medical 
examinations that are not job-related/// and consistent with business 
necessity. See S. Rep. No. 101-116 at 39-40 (1989); H.R. Rep. No. 
101-485, pt. 2, at 75 (1990) ("An inquiry or medical examination that is 
not job-related serves no legitimate employer purpose, but simply serves 
to stigmatize the person with a disability." A person with cancer "may 
object merely to being identified, independent of the consequences 
[since] being identified as [a person with a disability] often carries 
both blatant and subtle stigma").

Best,
Declan

PS: Here's the language from GINA, FYI, though I presume your attorney 
is already familiar with it:

http://www.gpo.gov/fdsys/pkg/PLAW-110publ233/html/PLAW-110publ233.htm
     (a) Discrimination Based on Genetic Information.--It shall be an
unlawful employment practice for an employer--
             (1) to fail or refuse to hire, or to discharge, any
         employee, or otherwise to discriminate against any employee with
         respect to the compensation, terms, conditions, or privileges of
         employment of the employee, because of genetic information with
         respect to the employee [...]
      In general.--The term ``genetic information''
                 means, with respect to any individual, information
                 about--
                           (i) such individual's genetic tests