Genetic discrimination refers to an employer discriminating against their employee as a result of their genetic information. While this is a lesser-known form of discrimination, it does happen, and its results can be detrimental to an employee. Read on to learn more about genetic discrimination in the Georgia workplace.
What is the Genetic Discrimination Act?
The Genetic Information Nondiscrimination Act was signed into law on May 21, 2008. Genetic information is defined as the following under the Genetic Discrimination Act:
- Any documentation regarding your genetic results
- Manifestation of a disorder or disease in an employee’s family member
- Results of family member’s tests
How does the Act protect employees?
It is prohibited for businesses and other entities to obtain genetic information from their employees or their employees’ family members. If a business obtains genetic information from you or your family members, you likely have a claim for genetic discrimination.
Exceptions to the law
However, there are exceptions to this law. These exceptions include:
- If an employee provides genetic information when requesting to take leave under the Family Medical Leave Act to care for a family member who is ill and the employer reviews that information.
- If an employer accidentally acquires genetic information.
- If genetic information is available to the general public and the employer finds this information.
- Applying for or working for certain law enforcement agencies may require employers to obtain this information in DNA testing.
- Employees who use a business’ health services voluntarily may waive their right to protect genetic information from their employer.
- An employee voluntarily submitting to a testing or monitoring program to measure biological impacts that toxic substances present in the workplace may result in their employer receiving access to their genetic information.
What are the most common examples of genetic discrimination in the workplace?
Genetic discrimination can result in:
- Job assignments
- Fringe benefits
What if I am a victim of genetic discrimination?
If you believe you are the victim of genetic discrimination, it is important that you contact an attorney right away. Workplace discrimination can impact your mental health, as well as your ability to make a living.
If you are a victim of discrimination in the workplace, our firm will fight for you. Reach out today to discuss your case with a passionate and experienced employment law attorney.
CONTACT OUR EXPERIENCED GEORGIA FIRM
To discuss your employment law case with a legal team you can trust, please do not hesitate to contact Ben Barrett Law today.