Update from CBSNews.com (11/06/09):  “University Backs Away From New-Hire DNA Testing” – The University of Akron is backing away from a controversial new policy, which appears to be the first in the nation, saying that new hires can be DNA tested as part of a background check. (read more)

A blog on CBSNews.com by Declan McCullagh – “Want A Job In Akron? Hand Over Your DNA” – contends that while it is not unusual for employers to conduct criminal background checks during the hiring process, the University of Akron (Ohio) has gone a step further by becoming the first employer in the nation to reserve the right to require prospective employees to submit a DNA sample during a background check.

According to the policy on the University of Akron website outlining criminal background checks for employees, “any applicant may be asked to submit fingerprints or DNA sample for purpose of a federal criminal background check.” However, according to McCullagh’s blog, the policy could violate a federal law – the Genetic Information Nondiscrimination Act (GINA) – that takes effect on November 21 and prohibits employers from collecting genetic information such DNA samples from employees or prospective employees and using it to make decisions about hiring and firing and promotions. In addition, the university’s background check policy may also conflict with the Americans with Disabilities Act (ADA).

Employers would be wise to proceed with caution before taking, in McCullagh’s words, “such an extreme and potentially intrusive step” in collecting DNA samples or other genetic information from prospective or current employees during background checks. The blog also contains comments from the President of the College and University Professional Association for Human Resources (CUPA-HR) saying the group believes the University of Akron's background check policy is the first of its kind and would “strongly advise” any employer considering genetic testing during background checks to review the relevant laws – including GINA, ADA, Equal Employment Opportunity Commission (EEOC), and Title VII of the Civil Rights Act, among others – before adopting such a policy.

Whatever the outcome of this story, the controversy surrounding the University of Akron's background check policy requiring DNA samples should not cloud the fact that criminal background checks are a proven and effective way to help ensure workplace safety. Pre-Employ.com – a leading provider of background checks and employment-related services – offers a variety of background check solutions to ensure a safe and secure workplace for employees, employers, and the public. For more information about our background check services, take a tour at www.pre-employ.com/tour, visit www.pre-employ.com, email info@pre-employ.com, or call 1-800-300-1821. Follow Pre-Employ.com on Twitter at www.twitter.com/PreEmploy.

tahearn@pre-employ.com

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