Thanks to medical advancements made over the past few decades, people are broadly empowered to learn more about their personal medical reality than ever before. And, as a result, employees may encounter situations where their genetic information is improperly used or perceived, leading to unfavorable treatment in the workplace.
Discrimination based on genetic information is illegal as a result of the federal Genetic Information Nondiscrimination Act (GINA) and New York state laws. As such, if you’ve experienced such treatment, understanding your rights and how to respond can help you to protect your career and hold your employer accountable for wrongdoing and any harm that has resulted from it.
Understanding genetic information discrimination
Genetic information often includes details about an employee’s genetic tests, family medical history and/or participation in genetic research. Employers are prohibited from using this information to make decisions about hiring, firing, promotions, job assignments or other terms of employment. For example, an employer cannot:
- Deny a promotion because your family has a history of cancer.
- Refuse to hire you based on a genetic predisposition to a specific illness.
- Treat you unfavorably after learning about genetic testing results through workplace wellness programs.
With that said, not all employers follow the law. And when unfavorable treatment does occur, it may not be obvious. Signs of genetic information discrimination include:
- Being passed over for opportunities despite strong qualifications.
- Sudden changes in treatment after disclosing genetic information, such as exclusion from projects or meetings.
- Receiving inappropriate questions or comments about your family medical history.
Genetic information discrimination undermines workplace fairness and your right to privacy. If you suspect unfavorable treatment due to genetic information, don’t hesitate to seek personalized legal guidance and support.