The Genetic Information Nondiscrimination Act (GINA), which took effect on November 21, 2009, prohibits genetic information discrimination in employment.

Genetic information includes information about an individual’s genetic tests and the genetic tests of an individual’s family members, as well as information about any disease, disorder or condition of an individual’s family members.  Family medical history is included in the definition of genetic information because it is often used to determine whether someone has an increased risk of getting a disease, disorder, or condition in the future. 

Title II of GINA prohibits the use of genetic information in making employment decisions, such as hiring, firing, promotions, pay, job assignments, training and fringe benefits, restricts acquisition of genetic information by employers and limits the disclosure of genetic information.  GINA also prohibits harassment because of an individual’s genetic information.  Such harassment can include making offensive or derogatory remarks about an applicant or employee’s genetic information, or about the genetic information of a relative of the applicant or employee.  The standard for such harassment is similar to the standard for a hostile work environment – harassment that is “severe or pervasive”.  Additionally, retaliating against an applicant or employee for filing a charge of discrimination, participating in a discrimination proceeding, or otherwise opposing discrimination is illegal.

This newsletter is a publication of Nochumson P.C. and is intended for general information only. It should not be construed as legal advice with respect to any particular situation, and readers should not act upon information contained in this newsletter without first consulting an attorney. Copyright © 2009.