Genetic information can reveal a lot about a person’s predisposition to certain health conditions. However, using this information in employment decisions can lead to discrimination. Recognizing this potential for misuse, federal law provides robust protections against genetic discrimination in the workplace. The Genetic Information Nondiscrimination Act (GINA) is the cornerstone of these protections.
Essentially, GINA prohibits most employers in the U.S. from discriminating against job applicants and workers alike based on their genetic information and the genetic information of their family members. GINA outlaws the use of genetic information in workplace decisions concerning hiring, firing, promotion, pay and any other terms of employment. This means employers cannot consider genetic information when evaluating an employee’s ability to perform a job or their future health risks.
Why these protections matter
As a result of GINA – and laws enacted by many states as well – job applicants and workers generally cannot be required to disclose their genetic information. Employers who are permitted access to this information must keep it confidential and cannot use that knowledge in discriminatory ways. These legal protections serve the American workforce – and the broader public – in several key ways, including the following:
- Promoting fairness: By preventing genetic discrimination, GINA helps ensure that all employees and job applicants are evaluated based on their qualifications and performance, rather than their genetic predispositions. This promotes a fair and equitable work culture.
- Encouraging medical advances: Knowing that their genetic information will be protected encourages individuals to participate in genetic testing and research. This can lead to medical advancements and personalized treatments without fear of workplace discrimination.
- Protecting privacy: GINA’s confidentiality provisions help protect the privacy of employees’ genetic information, helping to ensure that it is not misused or disclosed without consent.
With all of this said violations of the law do occur. Employees who believe they have been subjected to genetic discrimination can seek personalized legal guidance accordingly at any time.
