The advent of at-home DNA testing kits has skyrocketed, inviting individuals to explore their family history and potentially discover long-lost relatives. However, the surge in genetic testing has shed light on a pressing concern: the misuse of genetic information by employers or insurance companies, leading to potential discrimination.
The Genetic Information Nondiscrimination Act of 2008 (GINA) was enacted to prohibit various forms of discrimination in employment and health insurance based on genetic information. As technology progresses and the availability of genetic data increases, legal concerns in this area are expected to intensify. Read on to learn more and contact PLBH at (800) 435-7542 if you believe you have been the victim of this form of discrimination.
The Scope and Limitations of GINA
GINA stands against employers discriminating on the basis of genetic information, which includes instances of refusing to hire, discharging, or otherwise discriminating against an employee. This also extends to any limitations, segregation, or classifications enforced upon employees due to their genetic information.
Under the protection of GINA, employers are disallowed from demanding, requiring, or purchasing an employee’s genetic information or that of their family members. Some exceptions exist for situations such as health and wellness programs, or following exposure to toxic substances in the workplace.
Genetic information is broadly defined as data sourced from the genetic tests of an individual or their family members or from the manifestation of a disease or disorder within an individual’s family. A genetic test typically involves an analysis of human DNA, RNA, chromosomes, proteins, or metabolites that can detect genotypes, mutations, or chromosomal changes.
The Grey Area: Genetic Testing Companies and Privacy Concerns
While genetic testing companies can provide valuable genealogy information, the ways they may utilize your genetic information are not always clear. Despite privacy laws and consumer contracts, complete protection of your DNA may not be guaranteed if you’ve utilized such services.
Several consumers have raised concerns that their genetic information might influence their employment, prompting the Federal Trade Commission (FTC) to investigate these companies. Although GINA establishes stringent guidelines on how employers can access employees’ genetic information, these restrictions might not extend to firms such as 23 & Me and ancestry.com.
Implications for Employees
For employees, the core takeaway is that your employer cannot demand access to your genetic information and subsequently use it against you. Discrimination based on the presence of a disease or disorder in your family is prohibited under GINA.
This relatively novel area of law can be complex to navigate and determine how the law might apply. However, should you suspect your employer is discriminating against you based on your genetic information, you may be entitled to file a legal claim.
This developing field calls for dedicated efforts to support individuals who have experienced any form of discrimination. In such situations, it’s advisable to consult an experienced employment discrimination attorney to understand your rights and the potential remedies available to you. Call PLBH at (800) 435-7542 for a free legal consultation.