{"id":4721,"date":"2016-04-04T10:47:40","date_gmt":"2016-04-04T15:47:40","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/smallbusiness\/employment-law-and-human-resources\/genetic-information-discrimination.html"},"modified":"2024-06-06T05:06:31","modified_gmt":"2024-06-06T10:06:31","slug":"genetic-information-discrimination","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/employment-law-and-human-resources\/genetic-information-discrimination.html","title":{"rendered":"Genetic Information Discrimination in the Workplace"},"content":{"rendered":"\n
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Genetic Information Discrimination in the Workplace<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
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More and more employers have begun to offer workplace wellness programs <\/a>as part of their health benefits and perks packages. These programs provide workers with health care options and other health and wellness benefits. Some include screening for genetic disorders.<\/p>\r\n

In response, concern about genetic discrimination grew among politicians and health care providers. Some states have amended their anti-discrimination laws<\/a> to include genetic information.<\/p>\r\n

At the federal level, the Genetic Information Nondiscrimination Act of 2008<\/a> (GINA) prohibits employment discrimination<\/a> based on genetic information. Employers may not hire or fire someone based on knowledge of their genetic makeup. GINA also prevents employers from sharing this information with others.<\/p>\r\n

Why Would My Employer Want My Genetic Information?<\/h2>\r\n

As home DNA kits became popular, employers and insurance companies began using them to screen workers. Employers claimed they could better ensure employee safety using genetic information.<\/p>\r\n

For example, exposure to even low levels of carbon monoxide puts someone with the sickle-cell trait at risk of developing sickle-cell anemia. An employer who knows this could assign them to a different work area to protect their health.<\/p>\r\n

But access to this information can also increase the risk of other forms of discrimination. For example, the sickle-cell trait is present in 1 out of 12 Black Americans but only 1 out of 1000 white Americans. So, changing someone’s work environment based on this trait would likely lead to discrimination based on race. Federal and state laws prohibit this type of discrimination.<\/p>\r\n

Genetic Information Nondiscrimination Act<\/h2>\r\n

GINA is a federal law that fills gaps left in other privacy and employment laws<\/a>. GINA defines "genetic information" and limits when and how employers may request it. GINA protects the employee’s family members and medical history as well as the employee.<\/p>\r\n

According to GINA, "genetic information" includes an employee’s or an employee’s family member’s:<\/p>\r\n