Workplace Discrimination · California & New York
Genetic Information Discrimination Attorney
Dealing with a genetic information discrimination issue? Our California & New York employment attorneys can help you get the compensation you deserve.
Free Case ReviewCommon Genetic Information Discrimination Scenarios
Your Employment Rights in California & New York
If you have experienced genetic information discrimination, both California and New York law provide strong protections. You may be entitled to:
- Back pay and lost wages recovery
- Compensatory damages for emotional distress
- Punitive damages in cases of egregious conduct
- Attorney's fees and litigation costs paid by the employer
Genetic Information Discrimination FAQ
What is GINA and how does it protect employees?
The Genetic Information Nondiscrimination Act (GINA) of 2008 prohibits employers with 15+ employees from using genetic information — including family medical history, genetic test results, and participation in genetic services — in employment decisions. Employers are prohibited from requesting, requiring, or purchasing genetic information, with narrow exceptions.
Do California and New York have additional genetic privacy protections?
Yes. California's CalGINA (Gov. Code § 12940(l)) extends GINA-like protections to employers with 5+ employees and includes broader definitions of genetic information. New York's Human Rights Law (Exec. Law § 296) includes genetic predisposition as a protected characteristic, and NY Civil Rights Law § 79-l provides additional genetic testing protections.
Can my employer ask about my family medical history?
Under GINA, employers cannot request or require genetic information, including family medical history. If an employer inadvertently receives genetic information (e.g., through a medical certification), it must be treated as confidential, maintained in separate files, and not used for any employment decision.
What damages can I recover for genetic information discrimination?
Under GINA, remedies include back pay, reinstatement, compensatory damages, and punitive damages (subject to Title VII caps). California FEHA provides uncapped damages for genetic information discrimination. Both states also allow recovery of attorneys' fees and costs. Class actions are possible if an employer maintains a policy of genetic information misuse.
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