Advanced medical diagnostic tests can be lifesaving, but employers might use the results of those tests to discriminate against job seekers and employees. Fortunately, federal and state laws, including the Genetic Information Non-Discrimination Act (GINA) and its state-level counterpart, the California Genetic Information Non-Discrimination Act, prohibit such discriminatory practices and provide a basis for anti-discrimination lawsuits.
If your employer has requested information about medical events in your family or if you have forfeited health care coverage, lost your job, or suffered other adverse consequences due to information from a genetic test, a medical discrimination attorney from Erkel Law, P.C. can represent you in a lawsuit to recover damages for GINA violations in Sacramento.
Federal and state laws extend strong privacy protections to you and your family’s medical histories and background. A Sacramento employer, lender, or certain types of medical institutions may be liable for GINA violations if they:
GINA violations are not always obvious. If you have any questions or suspicions as to whether an employer or some other party has misused your health or genetic testing information, you can consult an experienced lawyer at Erkel Law, P.C. to learn about your right to recover compensation for a violation of your GINA rights.
Consumer genetic and health testing services, as well as social media websites, often enable employers and other parties to uncover people’s health and medical backgrounds. For example, a Sacramento GINA violation can result from an otherwise innocuous posting from a family member who spent an evening in the emergency room with a sick child or requests for prayers to help a relative who is undergoing cancer treatments.
GINA makes it unlawful for an employer to request, require, or purchase an employee’s genetic or health background and history. Nevertheless, employers who want to reduce their exposure to employees with high-risk medical problems might consult medical and genetic data brokers to find an employee’s private information.
The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for investigating and prosecuting GINA violations, regardless of whether they occur in Sacramento or elsewhere. Before you file a private lawsuit, you should file a GINA violation report with the EEOC no later than 180 days after discovering that your employer has taken improper actions based on your genetic or health background.
You can also confer with an Erkel Law, P.C. lawyer about your opportunity to file a private lawsuit for monetary damages. The EEOC manages many GINA violation enforcement efforts and levies fines against entities that breach their GINA obligations, but you and other parties might also have a case for private action against those entities for employment discrimination.
If you suspect that you are a victim of unfair employment practices due to GINA violations in Sacramento, you do not have to respond to the situation on your own. Call Steven Erkel at Erkel Law, P.C. for experienced and passionate representation in your employment discrimination lawsuit.
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