The Genetic Information Nondiscrimination Act of 2008 (GINA) aims to protect employees and applicants from discrimination based on genetic information. Under Title II of this law, it is unlawful for employers and other entities involved in employment processes to discriminately use genetic information. This includes making employment decisions such as hiring, firing, pay, job assignments, promotions, and training. Additionally, the act limits how genetic information can be acquired or disclosed by employers, employment agencies, labor organizations, and joint labor-management committees.
Genetic information, as defined by GINA, includes details about an individual’s genetic tests and those of family members, as well as information about the manifestation of diseases within an individual's family, often referred to as family medical history. This also encompasses information regarding requests for genetic services or participation in research involving such services, as well as genetic information about a fetus or embryo related to the individual or a family member.
Under GINA, employers cannot use genetic information in employment decision-making. Genetic data is considered irrelevant to an individual’s current work abilities. The Act further protects individuals from harassment based on genetic information, which includes derogatory remarks about an individual's or a relative's genetic data. This harassment is deemed illegal if it significantly alters the work environment to become hostile or results in acts like firing or demotion. Additionally, GINA makes it unlawful to retaliate against anyone opposing discriminatory practices, participating in investigations, or filing discrimination charges.
There are six specific exceptions where the acquisition of genetic information is permissible:
- Incidental acquisition without intent.
- Obtaining information as part of health or genetic services with consent.
- Collecting family medical history for certification of Family and Medical Leave Act (FMLA) leave.
- Information obtained from publicly available documents.
- Through a program monitoring biological effects of toxins in the workplace.
- For law enforcement DNA testing purposes by employers.
Entities covered by GINA must handle genetic information with strict confidentiality. Genetic data should be stored in separate medical files, and any disclosure should align with the law's outlined exceptions, such as compliance investigations by government officials or as mandated by court orders.
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If you have any questions regarding employment discrimination in Connecticut, or wish to consult an attorney regarding a legal matter, please contact Joseph C. Maya and the attorneys at Maya Murphy, P.C. at (203) 221-3100 or Jmaya@mayalaw.com to arrange a free initial consultation.
