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Genetics Discrimination

Genetic Discrimination in California

At our firm, we are dedicated to protecting the rights of employees who have been subjected to genetic discrimination. California's comprehensive legal framework ensures that individuals are not unfairly treated based on their genetic information, safeguarding privacy and promoting equality in the workplace.

Legal Protections Against Genetic Discrimination

Genetic discrimination occurs when an employer uses an individual's genetic information to make employment decisions, which can include hiring, firing, job assignments, promotions, and other terms and conditions of employment. The primary laws protecting employees from genetic discrimination are the Genetic Information Nondiscrimination Act of 2008 (GINA) and California's Genetic Information Nondiscrimination Act (CalGINA).

Genetic Information Nondiscrimination Act of 2008 (GINA)

This federal law prohibits employers from discriminating against employees or job applicants based on their genetic information. It also restricts employers from requesting, requiring, or purchasing genetic information, with very limited exceptions.

California Genetic Information Nondiscrimination Act (CalGINA)

This state law complements GINA and provides additional protections against the misuse of genetic information in employment decisions.

Understanding Genetic Information

Genetic information includes:

Genetic Tests

Information about an individual's genetic tests and the genetic tests of family members.

Family Medical History

Information about the manifestation of diseases or disorders in family members.

Participation in Genetic Services

Information about an individual's or a family member's participation in genetic services, including genetic testing, counseling, or education.

Examples of Genetic Discrimination

Genetic discrimination can manifest in various forms, including but not limited to:

  • Hiring Practices: Refusing to hire a qualified candidate based on their genetic information, such as a predisposition to certain medical conditions.

  • Health Insurance: Making employment decisions based on genetic information to avoid increased health insurance costs.

  • Privacy Violations: Requiring or requesting employees to undergo genetic testing or to disclose genetic information without legitimate reasons.

  • Workplace Harassment: Creating a hostile work environment by making derogatory comments or jokes about an employee's genetic information.

Your Rights as an Employee

As an employee in California, you have several critical rights designed to protect you from genetic discrimination and to ensure your privacy and dignity in the workplace:


Employers are prohibited from using genetic information in making employment decisions. You have the right to be evaluated based on your qualifications and performance, not your genetic makeup.


Your genetic information is considered confidential and must be kept separate from your general personnel file. Employers are restricted in how they can collect and use genetic information.

Freedom from Harassment

You are entitled to a work environment free from harassment based on your genetic information.

Legal Recourse

If you experience genetic discrimination, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD). You also have the right to pursue legal action against your employer to seek remedies such as reinstatement, back pay, compensatory damages, and other appropriate relief.

How We Can Help

Our experienced employment and labor law attorneys are committed to advocating for the rights of individuals facing genetic discrimination. We understand the sensitive nature of genetic information and the profound impact that discrimination can have on your professional and personal life.

We offer a comprehensive range of services to support employees facing genetic discrimination, including:

Case Evaluation

Conducting a thorough assessment of your situation to determine the best legal strategy.

Legal Representation

Representing you in negotiations, administrative proceedings, and court if necessary.


Advocating for fair treatment and privacy protections in your workplace.

Education and Awareness: Educating employers about their legal obligations under genetic discrimination laws to foster a more inclusive and compliant workplace environment.

Contact Us

If you believe you have been a victim of genetic discrimination, we are here to help. Contact our firm today for a free consultation to discuss your case and explore your legal options. Together, we can fight for your rights and ensure that you receive the justice and fair treatment you deserve.

Your genetic makeup should not determine your professional opportunities or your right to privacy. Let us stand with you in your pursuit of equality and justice in the workplace.

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