Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA) has only been in effect for a few years, and California amended it this year to expand coverage beyond employment discrimination and health insurance to include housing, employment, education, public accommodations, health insurance coverage, life insurance coverage, mortgage lending, and elections.
Because GINA is still so recent, it is difficult to cite specific examples or studies that exemplify the problem. According to the U.S. Equal Employment Opportunity Commission (EEOC), the term “genetic information” includes information about an individual’s genetic tests and the genetic tests of an individual’s family members as well as family medical history. The EEOC says that history can often be used to determine whether someone has an increased risk of getting a disease, disorder or condition in the future.
An employer is prohibited from using genetic information to make an employment decision because genetic information is not relevant to an individual’s current ability to work, according to the EEOC. What do you think about GINA? Do you believe that genetic information could become a more common form of discrimination at work?
Law Offices of Kesluk, Silverstein & Jacob – Los Angeles employment lawyers