The Genetic Information Nondiscrimination Act (GINA) makes it illegal for employers with 15 or more employees to discriminate against employees or applicants for employment based on genetic information. Employers may not ask about an individual’s genetic tests, the genetic tests of family members or the manifestation of disease of the individuals or his/her family members. This means that an employer may not request or require family medical history information, among other things.
Last month, the Equal Employment Opportunity Commission (EEOC) entered into a $50,000 settlement of a lawsuit alleging an employer violated GINA.
The employer, Fabricut, Inc., asked a woman for her family medical history in a post-offer medical examination. During the exam, she was required to complete a questionnaire that asked her about various conditions in her family medical history, such as heart disease, hypertension, cancer, diabetes, and mental disorders. Based on the results, the employer declined to offer her employment because it determined that she had or was predisposed to develop, carpal tunnel syndrome.
The employer agreed to pay $50,000 to settle the suit.
Employers should review their procedures to make sure they do not discriminate based on genetic information. This includes confirming that they do not request family medical history or other genetic information from employees, even through a post-offer medical exam.