Queens Genetic Information Nondiscrimination Act (GINA) Lawyers

No Adverse Employment Actions Based on Protected Genetic Information

GINA covers more than just the hiring and firing of employees. Employers regulated by the law are prohibited from using protected genetic information as the basis for making employment decisions or taking adverse action against an employee. As an example, it would be unlawful for an employer to reassign an employee to another position that offers a lower level of stress, but also fewer responsibilities and reduced compensation on the grounds of their family history of heart problems. Even if the employer argues that they are doing so for the employee’s benefit, it is still illegal to use that protected genetic information.

Understanding GINA Through an Example: The First EEOC Lawsuit

Job Applicant Allegedly had Genetic History of Carpal Tunnel Syndrome

GINA had not been used in a discrimination suit until 2013, when the Equal Employment Opportunity Commission (EEOC) filed a suit in regard to an Oklahoma woman who went from being extended an offer of full-time employment to having it rescinded when the company found out that the employee to be may have carpal tunnel syndrome. When the woman went for a company mandated drug test and physical, the company was made aware through tests and the applicant’s family medical history that she may have the disease.

No Clear Evidence that Applicant Was Affected by Condition

The third-party company that first tested the applicant and reviewed her family history found their results inconclusive. The woman’s own physician did not find that she had carpal tunnel syndrome. The hiring company’s physician, however, found contradicting results. It was at this point that the company rescinded their offer of employment to the Oklahoma woman, a clear violation of GINA.

Settlement: Employer Not Allowed to Use Genetic/Family History to Deny Opportunity

The EEOC’s lawsuit brought a quick response from the company in question. The company reached a settlement with the EEOC in the amount of $50,000. This settlement brings several things to light and helps to clear some of the confusion around GINA. Employees and future employees have even more protection than before with the precedent of the settlement. This also puts companies on warning that the EEOC can successfully use the act to protect employees, both potential and current.