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Genetic information discrimination: adverse action after medical history inquiry

Genetic information discrimination · the Genetic Information Nondiscrimination Act · fictionalized composite for education only.

Every example below is a fictionalized composite created for educational purposes. The employees, employers, and facts are invented and do not represent any real person, company, or case. These examples are general public information, not legal advice.

Fictional employee
D.L., line cook
Fictional employer
Fairmont Row Foods Company
Location
a city on the West Coast
Illustrated statute
the Genetic Information Nondiscrimination Act

Illustrative charge narrative

I was employed by Fairmont Row Foods Company as a line cook in a city on the West Coast. My employer requested or obtained family medical history and afterward took adverse action against me based on that genetic information. I believe I was discriminated against because of genetic information, in violation of the Genetic Information Nondiscrimination Act.

Teaching point

Notable because GINA claims are less common; this pleads the core wrong, an employer acquiring and acting on genetic or family medical history, which the statute specifically prohibits.

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