Employer ABC an international company has a new occupational health policy. All employees must have genetic testing for cardiac disease , dementia and cancers that are transferred genetically. The information will be known by occupational health, employers and the private insurance company that provides health benefits to the company employees. Employees can refuse and if, so they will lose their medical benefits. The company says this information is needed to maintain a healthy work force. Employees will not be denied medical benefits when the results are known.What legal protections do Canadian have when they seek genetic testing? Explain whether and why you approve of this policy or not ,as an employer, medical insurance company president, employee and relative of an employee.

SOLUTION – Employer ABC international company new occupational health policy

In Canada, genetic testing is governed by various legal protections to ensure individuals’ privacy, autonomy, and protection against discrimination. Here are some key considerations:

1. Canadian Charter of Rights and Freedoms: Section 7 of the Canadian Charter of Rights and Freedoms protects individuals’ rights to life, liberty, and security of the person. This includes the right to privacy and autonomy regarding medical decisions, which could extend to genetic testing.
2. Genetic Non-Discrimination Act (GNA): Enacted in 2017, the GNA prohibits discrimination based on genetic testing results in areas such as employment and provision of goods and services. This means that employers cannot make decisions about hiring, firing, or providing benefits based on genetic information.
3. Provincial Human Rights Legislation: Each Canadian province and territory has its own human rights legislation, which often includes protections against discrimination based on disability or genetic characteristics.
4. Personal Information Protection Legislation: Canada has federal and provincial laws that regulate the collection, use, and disclosure of personal information, including genetic information. Employers and insurance companies must adhere to these laws to protect individuals’ privacy.
5. Labor Laws: Labor laws may also come into play, particularly regarding the conditions of employment and any collective agreements in place.

As for the proposed policy by Employer ABC, there are several ethical and legal concerns:

1. Invasion of Privacy: Requiring genetic testing without explicit consent could be seen as an invasion of employees’ privacy rights, particularly considering the sensitive nature of genetic information.
2. Potential for Discrimination: Despite assurances that medical benefits won’t be denied based on test results, there’s a risk that employees could face discrimination in other ways based on their genetic predispositions.
3. Coercion: Making medical benefits contingent on genetic testing could be perceived as coercive, as employees may feel pressured to undergo testing even if they have concerns about privacy or discrimination.

As an Employer: I do not approve of this policy as it could lead to legal challenges and damage to the company’s reputation. It’s essential to prioritize employee privacy and autonomy while promoting a healthy workforce through voluntary wellness programs.

As a Medical Insurance Company President: I would have concerns about the ethical implications of using genetic information to assess risk and set premiums. It’s important to uphold principles of non-discrimination and fairness in insurance practices.

As an Employee: I would be deeply concerned about the invasion of privacy and potential for discrimination inherent in this policy. I would advocate for my rights and consider seeking legal advice or support from advocacy groups.

As a Relative of an Employee: I would be worried about the potential harm to my relative’s privacy and well-being. I would support them in making informed decisions about whether to undergo genetic testing and advocate for policies that respect their rights and dignity.