Genetic information discrimination occurs in the workplace when employers make employment decisions based on a candidate or employee’s genetic information and/or the perceived implications of their genetic information. You have the right to avoid discrimination in the workplace based on certain protected characteristics, including your genetic disposition. Reach out to an Atlanta genetic information discrimination attorney to discuss your situation and learn more about your legal options.
What is Genetic Information?
Genetic information refers to the data that is derived from your DNA. The information determines a person’s traits, development, and predisposition to various characteristics and illnesses.
The information includes information about an individual and their family’s genetic tests and certain diseases or disorders that they may be more likely to have based on their genetics. Your family’s medical history is often used to determine if you or your children will have an increased risk of developing a disease, disorder, or condition.
What is Genetic Information Discrimination?
Genetic information discrimination is the unfair treatment of a person based on their genetic characteristics or predispositions to certain conditions. It happens when an employer uses genetic information to make decisions regarding employment. Whether consciously or subconsciously, employers may favor applicants or workers who they perceive to be less likely to develop certain health conditions to avoid dealing with the situation, costly insurance, or other issues.
Making any employment decisions based on genetic information is considered discriminatory. Below are some examples of these practices in the workplace.
- Hiring decisions: Employers may refuse to hire a candidate based on genetic predispositions if they believe they will be absent from work often or require more healthcare than another applicant
- Promotions and assignments: Employees could be overlooked for promotions or specific job assignments if their employer assumes that certain health issues may arise and get in the way of their duties.
- Workplace benefits: Employers may attempt to alter insurance coverage or benefits offered based on an employee’s genetic information.
- Firing decisions: An employer could decide to terminate an employee due to information or perceived beliefs about their health.
- General treatment: Genetic information discrimination can also come in the form of unfavorable or poor treatment in general toward certain employees who display signs of conditions or disorders.
What is GINA?
GINA stands for the Genetic Information Nondiscrimination Act. This act took effect in 2009 and makes it illegal to discriminate against applicants or employees based on their genetic information. Title II of this act prohibits employers not only from making employment decisions based on the information but also from requesting, requiring, or purchasing genetic information.
GINA is enforced by the Equal Employment Opportunity Commission (EEOC) and protects employees from unfair treatment and discrimination. If you feel like your employment rights have been violated you have several options. Work with an experienced employment lawyer to learn how you can file a complaint with the EEOC or a lawsuit to ensure your rights are protected and justice is served.
