The Genetic Information Nondiscrimination Act of 2008 makes it illegal for an employer to discriminate against employees or applicants because of their genetic information. But what does that mean, and how could it apply to you?
Commonly called GINA, the Genetic Information Nondiscrimination Act prohibits employers from discriminating based on genetic information. That includes the use of genetic information in making hiring decisions, and other entities are covered, too – including employment agencies, joint labor-management training and apprenticeship programs, and labor organizations.
We all have parts of DNA that could increase or decrease our chances of getting certain illnesses, diseases or conditions.
Employers can’t use a person’s DNA in employment decisions, including:
GINA also prohibits employers from tolerating harassment based on a person’s genetic information. Like other forms of harassment, genetic information harassment can take the form of making offensive remarks about a person’s DNA. The law doesn’t cover simple teasing or minor, one-time incidents; instead, it refers to harassment that is so pervasive or severe that it creates a hostile work environment.
For the most part, employers aren’t entitled to an applicant or worker’s genetic information. However, there are some ways that employers are legally allowed to acquire someone’s genetic information. Here’s a brief list of exceptions:
However, even if your employer has this genetic information about you, it cannot use it to make employment decisions. The employer is also required to keep the information confidential.
If you believe an employer violated your rights under the Genetic Information Nondiscrimination Act, you may want to call a Glendale employment lawyer immediately. You have up to 180 days to report the violation, so the sooner you call an attorney, the better.
Call us at 818-230-8380 for your free consultation with an employment attorney. We can answer your questions, talk about possible outcomes for your case, and develop a strategy that gets you the best possible results.
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