Be careful what you ask for: EEOC aggressively pursues new GINA litigation

Lexology

Arent Fox LLP

Michael L. Stevens and Karen S. Vladeck

USA

June 7 2013

 

GINA Background

The Genetic Information Nondiscrimination Act (GINA or the Act), which generally prohibits genetic information discrimination in employment, took effect for employers with more than 15 employees on November 21, 2009. The Act forbids discrimination on the basis of genetic information when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, or any other term or condition of employment. The theory behind GINA is that an employer may never use genetic information to make an employment decision because genetic information is not relevant to an individual’s current ability to work — even if it may affect his or her future ability.

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