In an age where DNA test kits are increasingly popular for exploring ancestry and family history, a significant concern arises: the potential misuse of genetic information, especially in the workplace. Understanding your rights in this context is crucial, as genetic information discrimination is a real concern. The Genetic Information Nondiscrimination Act of 2008 (GINA) plays a pivotal role in safeguarding these rights.
If you believe you have been the victim of this type of discrimination, contact PLBH at (800) 435-7542 to speak to an employment law attorney.
What GINA Protects Against
GINA is designed to prevent discrimination based on genetic information in both employment and health insurance. As genetic testing becomes more prevalent, there’s a growing risk that employers or insurance companies could use genetic data to discriminate against individuals. GINA prohibits this form of discrimination, ensuring fair treatment in the workplace regardless of one’s genetic makeup.
The Scope of Prohibited Discrimination
Under GINA, employers are restricted from engaging in discriminatory actions such as hiring, firing, or any other form of employee mistreatment based on genetic information. This includes categorizing or segregating employees based on their genetics. Employers are generally barred from requesting, requiring, or purchasing genetic information from employees or their family members, with certain exceptions like health and wellness programs or exposure to workplace toxins.
Defining Genetic Information
Genetic information, as defined by GINA, includes data from genetic tests of individuals or their family members, as well as diseases or disorders in family members. This encompasses tests that analyze DNA, RNA, chromosomes, proteins, or metabolites to identify genetic characteristics.
The Privacy Concerns with Consumer Genetic Testing
Many consumers are unaware of the potential uses of their genetic data by companies offering genetic testing services. While GINA imposes strict regulations on employers regarding genetic data, these rules may not extend to companies like 23 & Me and ancestry.com. The Federal Trade Commission (FTC) is investigating these companies following concerns that genetic data could impact employment.
Implications for Employees
This scenario indicates that your employer cannot demand access to your genetic information and use it for discriminatory purposes. They cannot use your family medical history as a basis for discrimination. However, the evolving nature of this field of law means its application can be unpredictable. If you face discrimination due to your genetic information or national origin, legal recourse may be available.
Seeking Legal Assistance
If you’ve experienced any form of discrimination, it’s crucial to seek expert legal guidance. PLBH specializes in addressing all forms of workplace discrimination. For a consultation with a skilled employment discrimination lawyer, contact (800) 435-7542.