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Genetic discrimination refers to the unfair treatment of individuals based on their genetic information. This can include decisions related to hiring, firing, job assignments, promotions, or benefits. Genetic information includes not only the results of genetic tests but also information about an individual’s family medical history.
A genetic information violation occurs when an employer unlawfully acquires, uses, or discloses an employee’s or job applicant’s genetic information. Here is what is typically considered a genetic information violation:
Unlawful Acquisition of Genetic Information
Employers are generally prohibited from requesting, requiring, or purchasing genetic information about employees or job applicants. A violation occurs if an employer:
Exceptions to this rule exist, such as when the employer inadvertently acquires the information (e.g., overhearing a conversation) or obtains it through a voluntary wellness program that meets specific criteria.
Unlawful Use of Genetic Information
A genetic information violation also occurs when an employer uses genetic information to make employment decisions. This includes hiring or firing decisions, promotion, compensation, or job assignments based on genetic information.
Unlawful Disclosure of Genetic Information
Employers who lawfully acquire genetic information must keep it confidential and separate from other employment records. A violation occurs if there is:
Harassment or Retaliation Based on Genetic Information
Employers are prohibited from harassing an employee or retaliating against them for opposing genetic discrimination, filing a complaint, or participating in an investigation related to genetic information violations. Examples include:
The Genetic Information Nondiscrimination Act (GINA) is a federal law enacted in 2008 to protect individuals from discrimination based on their genetic information in both health insurance and employment. GINA is divided into two main parts, and the key provisions of GINA include:
Title I: Health Insurance Protections
GINA prohibits health insurers from using genetic information to determine eligibility, set premiums, or deny coverage. This means that health insurers cannot request or require genetic testing results, and they cannot use genetic information to make decisions about coverage or pricing.
Title II: Employment Protections
GINA makes it illegal for employers to discriminate against employees or job applicants based on their genetic information. Specifically, it prohibits employers from using genetic information in making decisions about hiring, firing, promotions, pay, job assignments, or other terms of employment. It also restricts employers from requesting, requiring, or purchasing genetic information about employees or their family members.
Here are the common forms of compensation that may be awarded in a genetic discrimination case:
Back Pay
Back pay refers to the wages and benefits you would have earned had the discrimination not occurred. This compensation is typically calculated from the date of the discriminatory action (such as termination or demotion) to the date of a legal judgment or settlement.
Front Pay
If reinstatement to your previous position is not possible or practical, you may be awarded front pay, which is intended to cover future lost earnings.
Compensatory Damages
Compensatory damages are awarded to compensate you for the non-economic harms caused by the discrimination, such as emotional distress, pain and suffering, mental anguish, and loss of enjoyment of life. These damages are intended to address the psychological and emotional impact of the discrimination.
Punitive Damages
Punitive damages may be awarded in cases where the employer’s conduct was particularly egregious or malicious. These damages are intended to punish the employer for their behavior and to deter others from engaging in similar conduct. However, punitive damages are not available in all cases.
Reinstatement
In some cases, the court may order your employer to reinstate you to your former position if you were wrongfully terminated due to genetic discrimination. Reinstatement is intended to restore you to the position you would have been in had the discrimination not occurred.
Injunctive Relief
Injunctive relief involves a court order requiring your employer to take specific actions to prevent further discrimination. This could include changes to company policies, employee training, etc..
Attorney’s Fees and Costs
If you win your case, you may be entitled to have your attorney’s fees and legal costs covered by your employer.
If you’ve experienced genetic discrimination at work, an Orange County discrimination lawyer can provide crucial support in several ways:
Understanding Your Rights
A lawyer will explain your rights under GINA and relevant state laws, helping you understand how these protections apply to your situation.
Evaluating Your Case
Your lawyer will assess your case, reviewing evidence such as communications from your employer and employment records, to determine if you have a strong claim.
Filing a Complaint
If your claim is valid, a lawyer will assist you in filing a complaint with the Equal Employment Opportunity Commission (EEOC) or California’s Civil Rights Department (CRD), ensuring all procedures and deadlines are met.
Negotiating and Representing You
Your lawyer can negotiate with your employer for a fair settlement or represent you in court if needed. They will handle all legal aspects, from filing documents to presenting your case.
Protecting Against Retaliation
If you face retaliation for filing a complaint, your lawyer can take action to protect you and hold your employer accountable.
Securing Compensation
A workplace compensation lawyer in Orange County will work to obtain the maximum compensation possible for lost wages, emotional distress, and other damages, ensuring you receive the remedies you deserve.
If you believe you have been a victim of genetic discrimination in the workplace, don’t wait to seek legal help. Contact Aegis Law Firm today for a free and confidential consultation. Our Orange County Genetic Discrimination Lawyer is ready to fight for your rights.