In this day and age, even your genetic information requires protection. Whether it’s requested or required by an employer or insurer, your valuable genetic information could be at risk of being stolen, leaked, sold, otherwise disseminated, or, most commonly, used against you and your family. This can occur when an employer, potential employer, or insurer requests or requires that you provide details about your family medical history.
Employers and potential employers who gain access to your family medical history can use that information to determine whether to hire, terminate, retain, or relegate you to part time status, leaving you ineligible for insurance benefits.
Essentially, employers seek genetic information to avoid hiring or retaining individuals who may require costly medical expenses, whether it be the specific employee, their spouse, or their children.
Fortunately, there are federal and state laws protecting genetic privacy which provide for substantial penalties against those who illegally acquire it. These laws specifically target employers by prohibiting them from requiring the collection of genetic information from employees and prospective employees as well as prohibiting them from discriminating against or segregating employees based on their genetic information. Two such laws are the Illinois Genetic Information Privacy Act (“GIPA”) and the federal Genetic Information Nondiscrimination Act (“GINA”).
If you have been requested or required to disclose you or your family’s genetic information, contact us today. At Stephan Zouras, we are leaders at the unique intersection of employment and privacy law and are committed to securing justice when your rights are violated.