Genetic discrimination in the workplace concerns the unfair treatment of current employees and/or job applicants based on their genetic information. Genetic discrimination can manifest as decisions related to hiring, promotions, job assignments or even health insurance coverage, provided that these decisions are influenced by an individual’s genetic makeup.
Recognizing the potential harms of such practices, the U.S. government passed the Genetic Information Nondiscrimination Act (GINA) in 2008, making it illegal for employers to discriminate based on genetic information. At the heart of GINA is the principle of protecting employee privacy.
Genetic information includes details about an individual’s family medical history, results from genetic tests and their likelihood of developing certain health conditions in the future. Employers might be tempted to misuse this information to avoid hiring or promoting individuals who may be at risk for certain genetic conditions. This could lead to employees being treated unfairly, even if they are currently healthy and capable of performing their job duties.
By prohibiting genetic discrimination, GINA helps to ensure that employees and applicants are judged on their qualifications and job performance, not on their genetic predisposition to medical conditions. This approach fosters a more equitable workplace where individuals are assessed based on their skills, experience and work ethic rather than factors beyond their control.
Not all companies follow the law
Genetic discrimination is illegal in U.S. workplaces because it violates the fundamental principles of privacy and fairness. With that said, it is important to recognize that not all employers follow the law. They may intentionally or unintentionally violate the rights of applicants and/or workers in violation of GINA. When this occurs, it’s important for affected workers and applicants to understand – and exercise – their rights under the law.