What Is Workplace Discrimination Based On Genetic Information?

Updated: Mar 28

In California, Workplace Discrimination And Harassment Based On Genetic Information Or Family Medical History Is Illegal.

The 2008 Genetic Information Nondiscrimination Act (GINA) Title II forbids discrimination in the field of genetic information in the workplace, became effective on 21 November 2009.

So, let's talk about genetic information, discrimination, and employment law, as they are often handled by a prescreened employment lawyer in Los Angeles.

Workplace Discrimination Based On Genetic Information

It is illegal under Title II of GINA to discriminate against workers or candidates based on genetic knowledge. GINA Title II forbids the use of genetic information in employment decisions, restricts the request, request, or purchase of genetic information by employers and other entities covered by Title II (employment authorities, labor unions, and joint training and apprenticeship programs for labor-management - referred to as 'covered entities') strictly limits the disclosure of genetic information.

The EEOC applies title II of GINA (dealing with genetic discrimination in employment). It is the responsibility of the Departments of Labor, Health and Human Services, and the Treasury to issue regulations for GINA Title I, which concerns the use of genetic information in health insurance.

What's The Definition of "Genetic Information"

Genetic information provides information about the genetic tests of an individual and the genetic tests of the family members of an individual and information about the manifestation of an illness or condition in the family members of an individual ( i.e., family medical history). The definition of genetic knowledge requires a family medical history. It is also used to assess if someone has an increased chance of having a disease, illness, or condition.

Genetic information often involves the request of an individual for, or receipt of, genetic services or involvement in clinical research involving the genetic services of an individual or a family member of an individual and the genetic information of a fetus borne by an individual or a pregnant woman who is a family member of an individual and the genetic information of an embryo that is legal.

Workplace Discrimination In California: Genetic Information

The law prohibits genetic information discrimination in respect to any aspect of employment, including recruitment, termination, compensation, work assignments, promotions, layoffs, training, fringe benefits, or any other term or employment condition.

To make an employment decision, an employer can never use genetic analysis because genetic information is not important to a person's current capacity to work.