Genetic Information NonDiscrimination Act
Employee Protections based upon Genetic Information
Written by Jason Gordon
Updated at April 6th, 2023
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What is the Genetic Information and Non-Discrimination Act?
The Genetic Information Nondiscrimination Act (GINA) prohibits employers (those covered by Title VII) from discriminating (hiring, firing, refusing to hire, or otherwise discriminating) based upon an employee or perspective employees genetic information. Genetic information includes any information acquired through an individuals genetic test or the test of her family members. This could include information about a disease or disorder in the family medical history. GINA also prohibits certain activities by employers that seek to identify or solicit information about an individuals genetic information.
Next Article: Discrimination Laws in Health Coverage Back to: EMPLOYMENT DISCRIMINATION
Example: An employer is prohibited from requiring any information about genetic tests of the individual, past family members, requests for genetic service, etc. Further, an employer cannot request, require, or purchase genetic information with respect to an employee or the family member of an employee.
Discussion Question
Why do you think Congress decided to protect individuals from discrimination based upon their genetic information? Do you agree that prohibiting employers from requesting such information is appropriate? Why or why not?
Practice Question
ABC Corp provides a service of generating genetic sequence information for customers. Jane applies for a position at the company. ABC Corp requires that all new employees submit to a genetic screening. Jane is afraid that the genetic sequence will expose all sorts of private information about her family and health. She refuses to complete the screening and is not hired. Does Jane have a potential cause of action against ABC Corp?
Related Topics
- Employment Discrimination (Intro)
- What is Employment Discrimination?
- Glass Ceiling
- What are the major Employment Discrimination laws?
- Civil Rights Act of 1866 (1981 Actions)
- Age Discrimination in Employment Act (ADEA)
- Americans with Disabilities Act (ADA)
- The Rehabilitation Act
- Job Accommodation Network
- Genetic Information Non-Discrimination Act (GINA)
- Health Insurance Portability and Accountability Act (HIPAA)
- Affordable Care Act (ACA)
- Uniform Service Employment and Reemployment Rights Act (USERRA)
- Sexual Orientation and Identification
- What is Affirmative Action?
- What is employment discrimination protection under state law?
- Overview of Title VII (Civil Rights Act of 1964)
- Civil Rights Act of 1964
- What is employment discrimination under Title VII?
- How are Title VII protections enforced?
- Wrongful Termination Claim
- Disparate Treatment
- Disparate Impact
- What is race discrimination under Title VII?
- What is national origin discrimination under Title VII?
- What is religious discrimination Under Title VII?
- What is sex discrimination under Title VII?
- What is sexual harassment or Hostile work environment under Title VII?
- Quid Pro Quo
- What is pregnancy discrimination under Title VII?
- Equal Pay Act of 1963