What is Genetic Information Discrimination?
Employees in South Florida have a wide range of protections against employment discrimination, especially those who work for employers with 15 or more employees (although there may be options for holding smaller employers accountable, too). The Florida Civil Rights Act (FCRA) prohibits various forms of discrimination under state law, while a range of federal laws also prohibit discrimination on the basis of race, color, religion, ethnicity, national origin, sex, age, disability, and much more. Many of these federal laws that protect against these forms of discrimination have been in effect for decades or longer, including Title VII of the Civil Rights Act of 1964, the Pregnancy Discrimination Act enacted in 1978, and the Americans with Disabilities Act of 1990. One much more recent federal law that also prohibits a form of employment discrimination Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA).
The Genetic Information Nondiscrimination Act, or GINA, took effect on November 21, 2009. What is this law and how does it protect employees in South Florida? Our Palm Beach Gardens employment discrimination lawyer can discuss the law and its application.
Title II of the Genetic Information Nondiscrimination Act of 2008
What is this law, and what protections does it provide? Title II of GINA makes it unlawful to discriminate against a job applicant or an employee on the basis of genetic information. According to the US Equal Employment Opportunity Commission (EEOC), Title II of GINA does all of the following:
- Prohibits the use of genetic information in employment decisions;
- Restricts employers from requesting genetic information, requiring it, or purchasing it; and
- Limits the disclosure of genetic information.
Definition of Genetic Information
What counts as “genetic information” under this federal law? The EEOC explains that “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 the manifestation of a disease or disorder in an individual’s family members.” The definition of genetic information also includes family medical history.
Prohibitions Against Discrimination on the Basis of Genetic Information
This federal law prevents employers from treating a job applicant or employee less favorably than others on the basis of genetic information, or making any employment-related decisions on the basis of genetic information — including hiring, promoting, providing benefits, or firing an employee. It also protects employees against harassment on the basis of genetic information.
Title II of GINA applies to employers with 15 or more employees.
Contact Our Palm Beach Gardens Employment Discrimination Lawyers
If you have experienced any kind of employment discrimination that is prohibited by Title II of the Genetic Information Nondiscrimination Act of 2008 or another federal or state law, it is important to seek legal advice about filing an employment discrimination claim. One of the experienced Palm Beach Gardens employment discrimination attorneys at Sconzo Law Office can speak with you today about the GINA and the applicability of other state and federal laws that may apply to your discrimination case. Contact us for more information about how we can assist you.
Source:
eeoc.gov/genetic-information-discrimination
