If asked whether they discriminate against employees based on their genetic information, the vast majority of employers would say they do not know anything about their employees' genetic information. Thus, it would appear that these employers need not be concerned about the newly passed Genetic Information Nondiscrimination Act (“GINA”).
No Genes in the Workplace
On May 21, 2008, President Bush signed into law the Genetic Information Non-Discrimination Act of 2008. This act prohibits employers and insurers from discriminating against individuals based on an individual's genetic information. The Act, which, on the employment side, is patterned after Title VII of the Civil Rights Act of 1964, creates a new federal cause of action for genetic discrimination, providing for jury trials, compensatory damages and punitive damages.
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Patricia Anderson PryorThis premium content is locked for LawJournalNewsletters subscribers only
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