EEOC Sues Employers for Use of Genetic Information
On May 7, the United States Equal Employment Opportunity Commission (“EEOC”) brought (and quickly settled) its very first case under the Genetic Information Nondiscrimination Act (“GINA”). The complaint alleged that an employer had illegally gathered genetic information during job applicants’ medical exams.
GINA, which went into effect in 2009, prohibits the use of genetic information in making employment decisions. The Act prohibits, among other things, an employer’s use of the following information:
- family medical history,
- genetic information about an individual or their family member (such as whether they have an increased chance of developing cancer,
- whether an individual or their family member has received or sought genetic counseling, and
- whether an individual or their family member has been involved in research that includes genetic testing. (more…)