Experienced Texas Workplace Discrimination Attorneys
Workplace Discrimination Based on Genetic Information | Violation of the Genetic Information Nondiscrimination Act (GINA)
With the advances of modern medicine, it’s fairly easy to obtain genetic information about just about anyone. Often, an employer will have access to genetic information, such as family medical history. Under federal law, a covered employer may not discriminate against an employee based on genetic information. The law bans the use of such information to make most types of employment decisions, from hiring and firing to promotions, compensation, job assignments and rights to benefits. If you or a loved one has suffered an adverse consequence on the job because of an employer’s use of genetic information, Bailey & Galyen can help.
At the law offices of Bailey & Galyen, with locations across the state of Texas, we offer more than 14 years of hands-on employment law experience, including representation in discrimination claims based on genetic information. We emphasize personal service and open communication in all interactions with our clients. We’ll carefully gather the facts in your case and will take the time to get to know you and learn what you need to be made whole. We’ll promptly advise you of all developments in your case, as well as your options and chances of success, so that you can make informed decisions about how you want to proceed. We work hard to be available and accessible when you have questions or concerns, and will answer all calls and emails as soon as possible.
Protecting Your Rights under GINA
The Genetic Information Nondiscrimination Act specifically makes it illegal for your employer to “acquire, use or disclose” any genetic information about you. We will tenaciously protect your rights under GINA, helping you protect your rights when your employer has wrongfully:
- Acquired genetic information about you — As a general rule, an employer may be liable, even if there was no specific intent to obtain the genetic information. Your employer may not make requests about your health (or your family’s health) in an attempt to gather such information, and may not conduct an Internet search that is likely to produce genetic information. Even overhearing genetic information can be a violation of the law if the employer was engaged in “active listening.”
- Used your genetic information — An employer cannot use genetic information to make hiring or firing decisions, to limit or classify you in any way that adversely affects your job, or to engage in any activity that constitutes discrimination or harassment
- Disclosed your genetic information — When an employer obtains genetic information, it must be kept confidential, with limited exceptions. We’ll make certain that your employer has not improperly disclosed genetic information.
Our attorneys will help you pursue a full measure of damages for any losses you have suffered as a result of violations of the Genetic Information Nondiscrimination Act.
Contact Our Office for Aggressive Advocacy in an Employment Discrimination Claim
At Bailey & Galyen, we have the skill, knowledge, experience and resources to protect your rights under the Genetic Information Nondiscrimination Act. Send us an email or call us at 844-402-4530 to set up an appointment. We are available to take your call 24 hours a day, seven days a week. Evening and weekend meetings can be scheduled, upon request. Se habla Espanol.
During the COVID-19 crisis, it’s important to give top priority to your health and well-being, but you may also have concerns about the potential impact on your job. At Bailey & Galyen, we can advise you regarding the potential work-related consequences of COVID-19. See our COVID-19 Guide to learn more.