EEOC

The Genetic Information Nondiscrimination Act of 2008 (GINA), allows for individuals to keep their genetic information confidential, providing them protection against bias in the workplace in obtaining health insurance and other areas. GINA affects hiring practices in the workplace; it is illegal for a company to request family medical history or genetic information. If an employee feels that genetic and family medical history was obtained by an employer and that employee is subsequently fired (even if for a performance related or other reason) the employee legally has the right to claim and adverse action on the part of the employer due to the genetic information the employer received. The burden of proof would reside with the employer to prove the adverse employment action was not related to the medical information uncovered. Even casual conversations can put an employer at risk for being in violation of GINA. For example, asking...
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