It violates employment law for supervisors and hiring managers to discriminate. Still, many employed individuals and job seekers worry their genetic information will be held against them later. That’s why the Genetic Information Nondiscrimination Act (GINA) was passed in 2008. To understand whether your rights have been violated, here are answers to some common questions about genetic information and workplace discrimination. 

What You Should Know About Genetic Information-Based Workplace Discrimination

What is genetic information?

Genetic information is an umbrella term referring to any medical information regarding an individual or their family members. This includes participation in clinical trials, family history of diseases and disorders, and in utero genetic testing. All of this information can be used to determine a person’s risk of developing an illness.       

What are examples of discrimination?

The decision to hire, fire, demote, and promote employees should be based on their qualifications and merit. Refusing to consider an applicant with a high risk of developing a disease because it could affect health insurance coverage is an example of discrimination. Firing a person because they might get sick in the future is also a discriminatory practice.

What does the law state?

Under Title II of GINA, employers can’t use genetic information in the decision-making process when it comes to assigning work, determining salary, hiring, promoting, and terminating employment. Employers aren’t allowed to ask individuals for their genetic information as a contingency of employment either. This aspect of employment law is enforced by the Equal Employment Opportunity Commission (EEOC).  

What recourse do I have when the law is broken?

If you believe actions were taken against you by an employer based on lawful or unlawful gathering of genetic information, alert the EEOC as soon as possible. You could have 180 or 300 days to file charges regarding the violations. An investigation will take place, and EEOC officials will work to resolve the matter. If this doesn’t work, the EEOC will give you a letter stating you could sue the employer for damages. An attorney well-versed in employment law should handle your case.

If you’ve experienced workplace discrimination, the counselors at Ibold & O'Brien can help. Based in Chardon, OH, the attorneys have been helping clients throughout northeast Ohio with issues regarding employment law, as well as personal injury claims and medical malpractice suits, since 1980. To schedule a consultation, call (440) 285-3511, or visit them online to learn more about their practice areas.