Florida Employment Lawyer Blog

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.

Although the major federal employment discrimination statute, Title VII of the 1964 Civil Rights Act, and the major Florida employment discrimination statute, the Florida Civil Rights Act, do not prohibit discrimination based on sexual orientation, both state and federal law prohibit discrimination on the basis of a person's HIV status.

HIV positive Floridians are protected under the federal Americans with Disabilities Act. In a landmark settlement, the Equal Employment Opportunity Commission settled an HIV discrimination lawsuit against Cirque de Soleil for a staggering $600,000.

Two state laws also protect HIV positive Floridians. First, the Florida Civil Rights Act contains the same disability discrimination prohibitions as the federal Americans with Disabiltiies Act, and thus HIV status is a qualifying disability under state law. Second, Florida has a specific HIV status disrimination statute, section 760.50 of the Florida Statutes, that prohibits discrimination in employment, housing and public accomodations based upon a person's HIV status, and importantly, the perception of a person's HIV status. Thus, an employee (gay or not) fired because the employer suspects or fears that the employee is HIV positive, even when the employee is not HIV positive, is still protected under Florida law.

These are sensitive matters and it is important that you confidentially consult an experienced HIV discrimination employment attorney as soon as you suspect the discrimination. If you wait, it may be too late.