With the surge in home DNA test kits on television and in news articles, many individuals are diving into their ancestral histories and potentially unearthing long-lost relatives. However, the increasing involvement of businesses in genetic testing presents some concerning issues. A pressing concern arises: Is it possible for employers to act prejudicially based on your genetic makeup?
Understanding the Legal Safeguards
The Genetic Information Nondiscrimination Act of 2008, commonly known as GINA, is a vital piece of legislation that prohibits varying forms of discrimination, particularly in the employment and health insurance domains. As genetic data becomes more ubiquitous, the spotlight will inevitably shift to this legal arena, especially if employers or insurance companies exhibit biased tendencies using genetic data.
Specifically, GINA ensures that employers cannot engage in discriminatory practices rooted in an individual’s genetic makeup. Whether it’s a decision related to hiring, firing, or any other form of differential treatment, genetic information is off the table. Moreover, GINA restricts businesses from segregating or classifying their workforce based on genetic data. The act also tightly regulates how and when a company can acquire genetic details from its employees or their kin, with a limited set of exceptions.
Defining the Scope of Genetic Information
In legal terms, genetic information encompasses data derived from an individual or their close family members’ genetic tests. Moreover, it also includes any evident “manifestation of a disease or disorder” within the person’s family. To elucidate further, a genetic test delves into an individual’s DNA, RNA, chromosomes, proteins, or even metabolites to pinpoint specific genotypes or chromosomal variations.
The Ambiguity Surrounding Genetic Data Use
While the thrill of discovering one’s lineage through genetic tests can be exhilarating, many consumers remain unaware of the extensive uses of their shared genetic details. Several companies could potentially harness this data in ways consumers might not have anticipated or agreed upon.
Recent scrutiny by the Federal Trade Commission (FTC) suggests increasing concerns among consumers about the repercussions of their genetic data, especially on their professional lives. Notably, while GINA offers robust protections against unwarranted employer access to genetic details, certain companies, like 23 & Me and ancestry.com, might operate outside these boundaries.
Interpreting the Implications for Employees
For the workforce, the crux of the matter lies in the assurance that employers cannot exploit their genetic data. Discriminatory actions based on family illnesses or predispositions stand in direct violation of GINA.
Nevertheless, with the legal landscape around genetic information discrimination still taking shape, forecasting its application remains a challenge. However, if you find yourself on the receiving end of unfair treatment due to genetic predispositions, legal recourse might be within reach. PLBH stands ready to support.
Our firm is deeply committed to championing the rights of individuals who’ve faced any form of discrimination. To explore your options, reach out to us at (800) 435-7542 and our seasoned employment discrimination attorneys will guide you through your journey.