Category Archives: HIV Status Discrimination

<Have you been denied a job because of your genetic information? Did your employer terminate you because it learned that you have a genetic predisposition to breast cancer, Huntington’s disease or bipoloar disorder? Probably not — but it’s only a matter of time before someone, somewhere, is subject to a pre-employment genetic screening.
Thankfully the federal government is ahead of the curve on this one. The Genetic Information Nondiscrimination Act (“GINA“) took effect on November 21, 2009 and broadly prohibits three things — (1) using genetic information to make employment decisions, (2) obtaining genetic information about employees and prospective employees, and (3) disclosing genetic information. GINA also prohibits retaliation, in addition to discrimination, as almost all anti-discrimination laws do.
Employers cannot acquire or use your or your family member’s genetic information — or the family history of a disease or disorder — when making employment decisions. GINA compliments the Americans with Disabilities Act because it covers potential disabilities that have not yet manifested themselves but that the employer believes will and will interfere with your ability to work. This is truly groundbreaking and the blog commends Congress for activing preemptively — all too often anti-discrimination laws are long over-due reactions to morally objectionable workplace conduct. Here, Congress has acted before it becomes a widespead problem.
Worried how GINA might effect you or your company? Contact an employment attorney on the cutting-edge of employment law.