Is it legal for an employer to ask you for a blood test even if you don't consent?
My employer is making my office have blood drawn at the office so they can see if we are at risk of high cholesterol or diabetes. If we are, she wants to send us to a nutrition class. She states that it's mandatory and we must sign a consent form. Is that legal?
While many states and occupations have required DRUG testing via urine, hair samples and blood, I have never heard of an employer requiring its employees to submit to blood tests for cholesterol or diabetes. It sounds like a ruse to get you to voluntarily submit, and take you off the insurance (i.e., disqualify you) or attempt to somehow discriminate. Unless the testing is directly related to your job (like random drug tests for construct on workers using heavy equipment and machinery), I feel this act is discriminatory and not legal. Has Human Resources produced the state or federal law or regulation under which the company is asserting this is mandatory? If not, you may wish to ask for it.
Retaliatory actions are not permissible in any state in the employment arena. So your best bet is to simply ask your employer or contact the Florida Department of Labor for an inquiry.
There may be claims here for violations of the Americans with Disabilities Act, or GINA (genetic discrimination) and HIPPA (medical privacy). Check out my employee rights blog that has some postings on rights under the ADA and GINA and also has links to the diabetes advocacy network.