Does My Medical History Count As Genetic Information?
Job applicants and employees in South Florida often want to keep their personal medical records private, and they do not want potential or current employers to find out certain information about their medical histories or tests they have undergone. Workers often worry that they will lose out on promotions or benefits if an employer finds out about a medical condition they have, or that they may be terminated if their employer learns about a particular medical issue that could affect their work at some point in the future. Job applicants and employees also have many reasons to want to keep their medical histories protected from co-workers, including medical information that details disabilities.
If you have started to look into your rights, you may be wondering: is this type of information what counts as “genetic information” for purposes of the Genetic Information Nondiscrimination Act of 2008 (GINA)? Our South Florida employment discrimination lawyers can tell you more.
Medical Information is Often Protected as “Genetic Information” Under the GINA
The GINA was created in order to protect, in part, job applicants and employees from discrimination based on their genetic information. Title II of the GINA specifically protects job applicants and employees from employment-related discrimination on the basis of their genetic information. A lot of medical information is considered protected “genetic information,” including but not limited to:
- Your family medical history of certain diseases or conditions, such as heart disease, cancer, or Huntington’s disease;
- Outcome of any genetic tests you have taken, or genetic tests taken by your family members, such as testing for the BRCA1 or BRCA2 genes that are linked to certain types of cancers; and/or
- Your request for genetic services.
The GINA has been in effect since 2011 and applies to employers with 15 or more employees.
Your Medical History May Also Be Protected from Co-Workers Under the ADA
If you have a disability and you have requested a reasonable accommodation from your employer, you should also know that your medical records are still protected from co-workers and others outside your direct employer or supervisor who may need that information to provide your accommodation. The federal Americans with Disabilities Act (ADA) protects your privacy when it comes to disability-related medical records, and your employer can face serious consequences for disclosing any details to other employees.
The ADA applies to employers with 15 or more employees.
Contact a Palm Beach Gardens Employment Discrimination Attorneys for Assistance with Your Genetic Information Discrimination Case
If you have faced any adverse action or behavior from your employer in your current job on the basis of your genetic information, or if you believe you faced genetic information discrimination in a reason job application process, you may be able to file a federal claim under Title II of the GINA. One of the experienced Palm Beach Gardens employment discrimination lawyers at Sconzo Law Office can assess your case for you today and help you to move forward with a claim. Contact our firm to learn more about how we assist job applicants and employees who have faced discrimination in South Florida.
Source:
eeoc.gov/genetic-information-discrimination
