You cannot discriminate against an employee based on a genetic test.
Genetic discrimination occurs when an entity treats someone unjustly based on his or her genetic profile, such as a predisposition to cancer. Although genetic testing is legal, it can become the basis for a discrimination lawsuit.
Federal
As of 2010, the most important federal law on genetic testing is the Genetic Information Nondiscrimination Act (GINA). GINA prohibits insurers and employers from bias in plans and hiring based on the results of a genetic test.
Geography
Most policies regarding the use of genetic testing and its results belong to the states. Twelve states, for example, require permission or consent to perform a genetic test, according to the National Conference of State Legislatures.
Penalties
Penalties for violating genetic testing depend on the particular statute. Violating GINA results in a minimum $100 fine for minor violations and up to $15,000 for severe violations, such as blatantly ignoring the law.
Tags: genetic testing, genetic test, based genetic
