What is Genetic Information Discrimination
Employers cannot discriminate against employees or applicants because of their genetic information, this is called genetic information discrimination and it is illegal.
The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers from using genetic information when making employment decisions, and from requesting, requiring, or purchasing genetic information from employees.
The Wisconsin Fair Employment Act (WFEA) also similarly prohibits, with a few exceptions, employers from soliciting, requiring, or administering a genetic test as a term or condition of employment, affecting the terms or condition of employment of any person who obtains a genetic test, terminating an employee who obtains a genetic test, or from offering employment or any other consideration (such as money or another form of compensation) to someone in return for submitting to a genetic test.
Employers could even be criminally liable in Wisconsin for performing a genetic test on an employee without that employee’s written and informed consent.
Contact our experienced genetic information discrimination attorneys today to determine whether you may be experiencing genetic information discrimination in the workplace.
What is “Genetic Information”
Genetic information includes information about an individual’s genetic tests and the genetic tests of an individual’s family members, as well as information about the manifestation of a disease or disorder in an individual’s family members (i.e. family medical history).
Genetic Information & Confidentiality
Employers cannot, with a few exceptions, disclose genetic information about employees and applicants. Genetic information must be kept confidential and in a separate medical file. Genetic information may be kept in the same file as other medical information in compliance with the ADA.
Genetic Information Harassment
Employers cannot harass a person because of his or her genetic information. Genetic information harassment occurs when offensive comments are being made by someone in the workplace about the employee’s genetic information. The harasser can be the employee’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.
The Walcheske & Luzi, LLC Difference
At Walcheske & Luzi, LLC it is our pledge to provide open and honest advice, taking the time to listen, counsel, and advise. We will work closely with you to determine if you are the victim of genetic information harassment. Tell us about your genetic information harassment case, we’re ready to help.
Check out our testimonials section, where former clients have described their past experiences with us.