Who is GINA, and How Does She Protect Florida Workers?

GINA is not a person. GINA stands for the Genetic Information Nondiscrimination Act, a federal law that prohibits employers from discriminating against workers based on genetic information. It applies to companies with 15 or more employees.

When most people think about workplace discrimination, they often think of race, gender, age, or disability. But employers can also misuse genetic information. This is where GINA steps in.

Genetic information includes information such as results of genetic tests, family medical history that may reveal genetic risks, and information about whether you or a family member used genetic services, such as counseling or testing.

Under GINA, employers are not allowed to:

Discriminate in hiring, firing, pay, or promotions based on genetic information.
Request or obtain genetic information about an applicant or employee (with some limited exceptions).
Harass someone because of their genetic information.
Retaliate against an employee who opposes discrimination or participates in a GINA-related investigation.

Examples of GINA in the workplace could be an employer that does not hire an applicant because their parent had early-onset Alzheimer’s disease, a manager who asks a worker whether they have been tested for cancer genes, or penalizing an employee for refusing to provide genetic information as part of a workplace wellness program. If an employer does receive genetic information, even if by accident, they must keep it confidential. Sharing or misusing this information is against the law. If your employer violates GINA, you may have the right to back pay, reinstatement, and compensation for emotional harm.

Genetic testing can provide life-saving information, but it should never cost someone their job. GINA ensures that employees can learn about their health without fear that an employer will use the results against them.

If you believe your employer requested or used genetic information in a way that violates your rights, it is important to seek legal advice. An employment lawyer can help you understand your options and protect you from retaliation. You can schedule a consultation with Amanda here.

About the Author

Amanda represents employees whose workplace rights have been violated, advocating for them in both federal and state courts, arbitration, civil service hearings and mediation. She also represents workers before administrative agencies, such as the National Labor Relations Board, the Occupational Safety and Health Administration, the Equal Employment Opportunity Commission and the Florida Commission on Human Relations. Additionally, Amanda assists workers in obtaining reemployment assistance (unemployment benefits) and otherwise helps clients understand their legal rights and obligations before a dispute arises.