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Genetic Information Nondiscrimination Act (GINA)

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.

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At Ricotta & Marks, P.C., we represent employees in a broad spectrum of legal matters, including:


According to the NY Department of Human Rights, employers can be held responsible for sexual harassment in the workplace in the following circumstances:
If the harassment was the fault of a co-owner, manager, or supervisor the employer is responsible, regardless of whether or not they knew it was occurring
If the harassment occurred among regular employees, the employer can be held responsible if they knew about it, should have known about it, or failed to have a sexual harassment policy in place.
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Employee Discrimination

Our lawyers are prepared to represent clients who face any type of employment discrimination such as:
Gender discrimination
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Pregnancy discrimination and FMLA violations
Sexual orientation discrimination, including transgender discrimination and harassment
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Violations of the Genetic Information Nondiscrimination Act (GINA)
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We handle many cases that involve wage and hour disputes, including people in certain industries who often fall victim to these situations as well as instances involving:
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New York City teachers face challenges inside and outside the classroom. When they face the possibility of losing their jobs, they deserve representation by experienced attorneys.

At Ricotta & Marks, P.C., employment law is our sole focus. We have represented teachers facing a broad spectrum of legal issues and we are committed to protecting teachers’ rights. To learn more, please do not hesitate to contact us and schedule a free initial and confidential consultation at our Queens or Long Island offices today.

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Wrongful Termination

Even in an ‘At Will’ Work Situation, You Have the Right to Work. Employers will always claim that they had a valid reason to lay off or fire an employee. But in many circumstances, this is just disguised discrimination of one form or another. Continued employment and advancement is frequently based on performance reviews. If you have a perfect record, then suddenly go from perfect to pariah, it may be a case of your supervisor or employer giving a negative review in order to have an excuse to remove you from your position or deny a promotion.

Sometimes these “Jekyll and Hyde” switches occur because a superior learned something about a subordinate that then caused him or her to have a negative bias, like the employee was of a certain religion or sexual orientation. Sometimes the reason is more obvious, like a bias against people of a certain race, being male or female, a woman becoming pregnant or people with disabilities.

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As a full-service employment law firm, we can also help you with:
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Our New York employment attorneys are dedicated to ensuring that all workers have the opportunity to pursue successful careers, and experience workplaces that are free of harassment or other situations that create tension.
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Genetic Information

Genetic Information

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.

Ricotta Marks

Ricotta & Marks, P.C.

We understand that your situation is urgent. Our New York employment discrimination attorneys will respond to your questions and concerns as quickly as possible.

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