Rights of federally regulated employees related to genetic testing

As a federally regulated employee, you have the right to:

Your employer shall not:

Your employer may not collect or use the results of your genetic test without your written consent.

A third-party may not disclose your genetic test results to your employer without your written consent.

Complaints related to genetic testing

To file a complaint related to genetic testing, please consult: Federally regulated employees - Filing a labour standards complaint with the Labour Program.

Complaints related to disciplinary actions following the test results of genetic testing:

Complaints related to the employer collecting or using your test results, without written consent:

Note: You must file complaints related to third-party disclosure with:

Assistance to employees and employers in settling the complaint

The Canada Labour Code provides that a Labour Program inspector may assist you and the employer (the parties) in settling the complaint. As part of the genetic testing complaint handling process, the Labour Program will offer the parties an Alternate Dispute Resolution session. The inspector, as a mediator, would help structure discussions and organize information. They can also help the parties express themselves and point out opportunities for agreement. The inspector is neutral and does not create a resolution or make a ruling on the allegation(s) of the complaint.

On your written request, the Labour Program will refer unresolved complaints related to genetic testing to the Canada Industrial Relations Board (the “Board”) for a hearing.

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