On May 5, 2015, a Georgia federal court found employer, Atlas Logistics Group Retail Services, LLC liable of violating the Genetic Information Nondiscrimination Act (GINA). In 2012, Atlas found that an employee(s) were using the warehouse facilities to store groceries as lavatories. To find the person or people responsible, Atlas decided to start an investigation by hiring a DNA testing lab. Suspects, including Jack Lowe and Dennis Reynolds, were asked to submit cheek swabs to compare the DNA with the DNA found in the feces. The results showed that neither employee was responsible for the inappropriate workplace behavior.
Both Lowe and Reynolds filed a lawsuit under the GINA, which generally prohibits employers from requesting genetic information from its employees. The legal question became whether the information obtained by Atlas was genetic information covered by GINA. The court concluded that genetic information in GINA includes information about an individual’s genetic tests, such as the PowerPlex 21 test used by Atlas during its investigation. Atlas’ action was a violation of GINA. This court decision can now be used by employers to find other methods, such as surveillance to identify employees engaging in inappropriate workplace behavior.