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No Genes in the Workplace
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”). If you asked those same employers, however, if they discriminate against employees based on religion, national origin, disability, sex or race, the answer would likely be similar, and yet a large percentage of those employers have been sued or had a charge filed against them with the Equal Employment Opportunity Commission (“EEOC”) for some sort of discrimination.
Genetic information is not just information obtained through genetic testing. It includes information about a family member's disease or disorder, placing employers at risk when they ask for (or obtain) such information in connection with leave requests or even during innocent conversations at the water cooler.
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