Discrimination in the workplace can take many forms. Some are instantly obvious, while others are not. One type of unlawful mistreatment that often flies under the radar is genetic discrimination.
Under the Genetic Information Nondiscrimination Act (GINA) of 2008, it is illegal for employers to use genetic information to make decisions about hiring, firing, promotions or other terms of employment. Nonetheless, some workers may still face unfair treatment based on their genetic information. If you suspect this is happening to you, it’s important to understand your rights so that you can work with a skilled legal team to protect them.
Understanding genetic discrimination
Genetic discrimination occurs when an employer uses genetic information—such as family medical history or results from genetic tests—to treat an employee unfairly. For example:
- Hiring decisions: An employer might refuse to hire someone with a family history of a genetic disorder, fearing it could lead to higher healthcare costs.
- Workplace treatment: An employee could be denied a promotion or given less desirable assignments due to concerns about their future health.
- Termination: An employer may fire an employee based on assumptions about their genetic predisposition to certain illnesses.
GINA prohibits employers with 15 or more employees from requesting, requiring, or using genetic information in employment decisions. This includes information obtained through genetic tests conducted on employees or their family members, as well as family medical histories disclosed during wellness programs, health insurance applications or casual conversations. That means that even if information was obtained unintentionally, using it to make employment decisions is unlawful.
No one should face discrimination based on genetic factors they cannot control. If your employer is using your genetic information against you, strongly consider seeking legal guidance to protect your rights and hold them accountable.