Genetic information discrimination sounds like something that only occurs in sci-fi novels and movies. However, it also occurs in the modern American workplace from time to time. Whenever an employer treats an employee or job applicant unfairly because of their genetic information, this unlawful conduct constitutes genetic discrimination.
This type of discrimination is prohibited under the Genetic Information Nondiscrimination Act (GINA) of 2008, which aims to protect individuals from bias related to their genetic makeup. If you believe you are being discriminated against because of your genetics, it’s important to understand your rights and the steps you can take to address your concerns.
The basics
Genetic information involves disclosures and general knowledge about an individual’s genetic tests, the genetic tests of their family members and any family medical history that reveals a predisposition to certain health conditions. For example, an employer might learn that an employee has a family history of breast cancer or has undergone genetic testing for a particular hereditary condition. Using this information to make employment decisions—such as hiring, firing, promotion or job assignment—is illegal under GINA.
Employers also cannot actively seek genetic information about employees or job applicants, except in very limited circumstances, such as when the information is relevant to a family medical leave request.
If you believe you are being discriminated against because of your genetics, you may be hesitant to take action. After all, this subject isn’t widely discussed, and it may seem like pushing back on this particular kind of mistreatment could lead you to tread shaky ground. However, by learning more about your rights and seeking legal support, you can clarify whether you are in a strong position to take action despite the fact that this is a relatively new area of law.