Rights of federally regulated employees related to genetic testing

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

• refuse to take a genetic test
• not disclose or refuse to disclose the results of your genetic test

Your employer shall not:

• dismiss, suspend, lay off or demote you
• impose a financial or other penalty on you or refuse to pay you if you exercise your rights, or
• take or threaten to take disciplinary action against you:
  • if you refuse your employer’s request to undergo a genetic test
  • if you refuse to disclose the results of your genetic test, or
  • on the basis of the results of your genetic test which you have undergone

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:

• you must file them 90 days after the day on which the subject matter of the complaint arose

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

• you must file them within 6 months from the day on which the subject matter of the complaint arose

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

• the provincial Privacy Commissioner, or
• the Privacy Commissioner of Canada

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.