The Equal Employment Opportunity Commission (the EEOC) has just filed its first class action Genetic Information Nondiscrimination Act (GINA) lawsuit against a New York nursing home.
GINA is a recently enacted federal law that prohibits an employer from requesting, requiring or purchasing an individual’s genetic information or that of the individual’s family members. GINA was enacted in 2008, and became effective November 21, 2009.
If you have questions about the Act, or believe that your employer may have improperly requested or obtaining information concerning your genetic make-up, it is important to speak to dedicated Georgia genetic information nondiscrimination act attorney right away.
The purpose of GINA is to protect individuals’ employment rights by barring employers from using workers genetic information when making hiring, firing, placement or promotion decisions.
In the recent class action GINA lawsuit, EEOC v. Founders Pavilion Inc., the EEOC alleged that a nursing home violated the Act by asking prospective and current employees for family medical histories during both pre-employment medical exams as well as annual physicals.
Recently, an Oklahoma GINA lawsuit was settled involving a company that allegedly wrongfully denied a temporary worker a permanent job after it required her to fill out a questionnaire detailing her family’s medical history. The questionnaire specifically asked, “whether any family member had one or more separately listed “disorders,” including heart disease, hypertension, cancer, tuberculosis, diabetes, arthritis, and mental illness.” GINA was enacted specifically to prohibit these types of questions.