Kentucky Employment Discrimination Lawyer: Genetic Information Non-Discrimination Act ("GINA")Takes Effect
The Equal Employment Opportunity Commission (EEOC) will have a new task as of Saturday, November 21, 2009: Enforcement of Title II of the Genetic Information Nondiscrimination Act, otherwise known as "GINA."
GINA prohibits employers and health insurers from discriminating against individuals based on genetic information. Genetic information includes the results of genetic tests to determine whether someone is at increased risk of acquiring a condition (such as some forms of breast cancer) in the future, as well as an individual’s family medical history.
GINA affirms the principle central to all employment discrimination laws – that all people have the right to be judged according to their ability to do a job, not on stereotypical assumptions,” said Acting EEOC Chair Stuart J. Ishimaru. “No one should be denied a job or the right to be treated fairly in the workplace based on fears that he or she may develop some condition in the future.”
Specifically, the law prohibits the use of genetic information in making employment decisions, restricts the acquisition of genetic information by employers and others, imposes strict confidentiality requirements, and prohibits retaliation against individuals who oppose actions made unlawful by GINA or who participate in proceedings to vindicate rights under the law or aid others in doing so. The same remedies, including compensatory and punitive damages, are available under Title II of GINA as are available under Title VII of the Civil Rights Act and the ADA.
Vanessa Cantley, partner with Bahe Cook Cantley & Jones, has represented hundreds of employees who have experienced discrimination in the workplace. She comments: "The enactment of GINA, along with the ADA Amendments Act, should ensure that American workers are protected from discrimination based on their current disabilities or fears of conditions that may develop down the road. GINA's passage is a victory for employees and for those of us fighting to end employment discrimination in all forms."
If you feel you have experienced discrimination in the workplace, or would like more information on employee rights, please contact Vanessa Cantley at (502) 587-2002 or e-mail her by clicking here: e-mail_ Vanessa.
