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Is it legal to discriminate against employees based on their DNA?

On Behalf of | Jan 24, 2019 | Employment Discrimination, Firm News |

Imagine you reported to a job interview, and your future boss asked you to spit into a cup. You don’t have any strands of DNA that could produce a red hiring flag, so you get the job. The guy behind you, on the other hand, isn’t so lucky. Although you’re both the same in every respect, the other person has a DNA signature that your boss doesn’t want.

This is an imaginary situation, of course. But frighteningly enough, it’s conceivable. That’s why U.S. lawmakers created “GINA” the Genetic Information Nondiscrimination Act. Under GINA, employers cannot make any kind of employment decisions based on the unique DNA signatures of an applicant.

Unfortunately, just like most kinds of employment-related discrimination, companies and employers are wise to the unlawful nature of genetic discrimination. Therefore, if an employer does commit DNA-related discrimination, the employer will probably produce another reason for the treatment of the employee. If the reason appears valid, the employer might be able to escape getting caught.

Do you suspect that your employer is trying to discriminate against you based on genetic information? Do you think your employer is trying to get medical histories about you unlawfully? Or, is your employer harassing you or treating you differently because of your genetic and medical information? You may want to discuss the situation with a skilled employment law attorney as soon as you can.

At our law firm, we assist employees in all forms of discrimination actions, including discrimination related to genetic information, sex discrimination, race, color, religion and more. No matter what your situation, we’re available to educate you about your legal rights.