Genetic Discrimination Attorneys in Queens, New York
With the new frontier of technology, companies are finding themselves with more information at their fingertips with regard to their employees (and potential employees) than ever before. This new level of knowledge has created many questions in the area of employment law. What can an employer seek to find out, and what can they use when deciding if they should extend or rescind an offer?
The Genetic Information Nondiscrimination Act (GINA) answers many of these questions regarding genetic information. The act was passed into law in 2009 but has been difficult for both employer and potential employee to understand or interpret. Contact our New York City law attorneys at 347-464-8694 or 800-240-9269 to learn more about the act.
Genetic Information Nondiscrimination Act in New York
GINA was enacted to make it illegal for employers to make hiring decisions based on the applicant’s genetic information. This information includes the applicant’s family history with regard to medical illness or other genetic information that could be used against the applicant. The law goes on to state that the company cannot ask for the history of the applicant or ask a third-party company to obtain the information for them.
GINA had not been used in a discrimination suit until 2013, when the Equal Employment Opportunity Commission (EEOC) filed a suit in regard to an Oklahoma woman who went from being extended an offer of full-time employment to having it rescinded when the company found out that the employee to be may have carpal tunnel syndrome.
About the EEOC Lawsuit
When the woman went for a company-mandated drug test and physical, the company was made aware through tests and the applicant’s family medical history that she may have the disease.
The third-party company that first tested the applicant and reviewed her family history found their results inconclusive. The woman’s own physician did not find that she had carpal tunnel syndrome. The hiring company’s physician, however, found contradicting results. It was at this point that the company rescinded their offer of employment to the Oklahoma woman, a clear violation of GINA.
The EEOC’s lawsuit brought a quick response from the company in question. The company reached a settlement with the EEOC in the amount of $50,000. This settlement brings several things to light and helps to clear some of the confusion around GINA. Employees and future employees have even more protection than before with the precedent of the settlement. This also puts companies on warning that the EEOC can successfully use the act to protect employees, both potential and current.
Learn More About the Federal Discrimination Law Today
If you think you have a potential claim under GINA, turn to the experienced lawyers at White, Ricotta & Marks, P.C. We focus exclusively on employment law and are prepared to bring a discrimination claim on your behalf.
Contact our New York City law firm at 347-464-8694 or 800-240-9269 to schedule an appointment.