Advances in genetic testing can provide insightful information about each individual’s health and predispositions. This is a phenomenal reality that can result in any number of benefits for those who are sick, may become sick, want to know more about their risks in the event that they have children, etc. Yet, as this kind of technology advances, concerns about genetic discrimination in the workplace are also increasingly relevant.
Thankfully, in the United States, the Genetic Information Nondiscrimination Act (GINA) of 2008 provides robust protections against genetic discrimination in employment and health insurance matters. Under GINA, it is illegal for employers to make decisions about hiring, firing, promotion, job assignments or any other terms of employment based on an individual’s genetic information.
Understanding genetic discrimination
Despite GINA’s protections, concerns about potential genetic discrimination persist. For instance, if an employer somehow gains access to your genetic information and perceives you as a liability due to a predisposition to certain diseases, they might unlawfully consider this information in their employment decisions. This could manifest as unjust termination, denial of promotion or exclusion from health benefits.
If you believe you have been fired or discriminated against in the workplace because of your genetic information, it is important to seek legal guidance. You may be in a strong position to file a complaint with the Equal Employment Opportunity Commission (EEOC), which enforces GINA’s provisions. You may also be in a position to hold your employer accountable for lawful misconduct via a civil lawsuit, depending on the ins and outs of your unique circumstances.
You can’t control your genetics. As a result, your employer can’t lawfully hold them against you unless their conduct falls into very narrow exceptions allowed by federal law.