Final answer:
Legally, a company providing health insurance may not ask for personal or family medical history due to anti-discrimination laws like HIPAA and GINA. The Burwell v. Hobby Lobby case illustrates the balance between company rights and employee protections. Employees should know their rights and can contact the EEOC in case of suspected discrimination.
Step-by-step explanation:
A company that is paying for its employees’ health insurance should not be legally permitted to ask candidates and employees to disclose personal and family medical history. This is because such inquiries can lead to discrimination based on health conditions which are protected by various laws. The Health Insurance Portability and Accountability Act (HIPAA) and the Genetic Information Nondiscrimination Act (GINA) are two significant pieces of legislation that address these concerns. HIPAA ensures the privacy and security of individual health information, while GINA specifically prohibits the use of genetic information for hiring, firing, or promotional decisions, as well as for determining insurance premiums.
In the case of Burwell v. Hobby Lobby Stores, the Supreme Court looked at whether a for-profit company could deny coverage of contraception based on religious freedom. This case, alongside the Religious Freedom Restoration Act of 1993, is a clear example that while companies have certain rights, they cannot infringe upon individuals' protected rights regarding health information and access to healthcare options. Consequently, employers should not request personal medical history related to health coverage they provide.
If asked about medical history in an interview, it is recommended to question the necessity of such information and, if needed, to contact the Equal Employment Opportunity Commission (EEOC) for potential discrimination. Similarly, considerations of genetics and personal health data are central when considering ethical and legal implications of insurance and employment practices.