Genetic discrimination in the workplace occurs when employers make employment decisions based on an employee’s genetic information rather than their qualifications, performance or ability to do the job. This can include decisions related to hiring, promotions, job assignments and even health insurance benefits.
Both employers and employees need to understand their rights and responsibilities to better ensure a fair and legally compliant workplace. The Genetic Information Nondiscrimination Act (GINA) is a federal law that protects employees and job applicants from genetic discrimination. Under GINA:
- Employers cannot request, require or use genetic information when making employment decisions.
- Employers must keep any genetic information they receive confidential.
- Health insurers cannot use genetic information to determine coverage or premiums.
Many states, including New York, have additional laws that provide further protections for workers, reinforcing the importance of compliance for businesses.
Employers: Preventing genetic discrimination
Employers must be proactive in preventing genetic discrimination in the workplace by:
- Educating management and HR Teams
- Limiting medical inquiries
- Implementing strict confidentiality policies
- Creating clear anti-discrimination policies
By being proactive, employers can limit their risk of liability and make their workplaces more inclusive for all.
Employees: Protecting your rights
If you believe you have been discriminated against based on genetic information:
- Document any suspicious behavior
- Report concerns internally
- Seek legal guidance
Genetic discrimination in the workplace is both unethical and illegal. Employers must take proactive steps to prevent it, while employees should be aware of their rights and options for recourse. If you need guidance on genetic discrimination issues, seeking personalized legal guidance and support is always a viable option available to you and/or your business.
