Genetic Discrimination

Princeton NJ Genetic Discrimination Attorney

With Offices in Trenton and Pennington, NJ

Advances in medical research have given doctors the ability to diagnose and treat serious illnesses at the earliest stages. Unfortunately, these scientific advances have also brought with them a new form of discrimination: genetic discrimination based upon a person’s DNA. This kind of discrimination is most likely to occur in an employment context, with companies choosing not to hire an applicant whose genetic makeup makes them more susceptible to disease or illness at some point in the future. If you have been denied a job or otherwise treated unfairly by an employer because of differences in your DNA, you might be able to file a claim for employment discrimination.

Kamensky Cohen & Riechelson is a highly respected legal team with a tradition of excellence in New Jersey and Pennsylvania. Our attorneys have more than 40 years of experience handling employment discrimination cases in Mercer County, including Ewing, Lawrence, and East Windsor. We provide each and every client with personalized attention because we strongly believe that everyone deserves to be treated equally in the workplace. Call KCR today to discuss your case with an experienced attorney.

Federal Law Against Genetic Discrimination Protects Mercer County NJ Workers

“Genetic information” refers to any information about a person’s genetic testing and genetic history, including family medical history. Since employers can potentially use a person’s family medical history to discriminate against job applicants who have a greater risk of developing a disease in the future, the federal government passed the Genetic Information Nondiscrimination Act (GINA). The law broadly prohibits employers from discriminating against, refusing to hire, or firing anyone on the basis of their genetic history. Moreover, the law limits an employer’s ability to request genetic information from applicants, employees, or employees’ family members.

GINA also includes an anti-retaliation provision that prohibits employers from retaliating against anyone who files a genetic discrimination claim. As such, you should never have to worry about exercising your legal rights under GINA.

Exceptions to the Law Against Genetic Discrimination in Trenton NJ

Although GINA is quite broad, there are a number of exceptions to the law:

  • Employers are not liable if they inadvertently acquire an employee’s genetic information. For example, it is not necessarily a violation of the law if a supervisor overhears an employee discussing their family medical history.
  • Employers are allowed to acquire employees’ genetic information as part of voluntary wellness programs. However, the employee must knowingly and voluntarily provide prior written consent.
  • Employers are not liable if they learn about an employee’s family medical history because the employee requests leave to care for a sick family member.
  • Employers who perform DNA tests for law enforcement purposes are allowed to acquire genetic information. An example of this is crime scene investigators.

Related Law: Discrimination Against Disabled Workers in Hopewell NJ

One area of the law that is closely connected to genetic discrimination is discrimination against disabled workers. The Americans with Disabilities Act (ADA) prohibits workplace discrimination against persons with disabilities. However, one major distinction between GINA and the ADA is that the ADA does not cover an individual with a genetic predisposition; it only prohibits workplace discrimination against a healthy person on the basis of genetic status.

Speak with a Hightstown NJ Genetic Discrimination Lawyer

The legal team at Kamensky Cohen & Riechelson will develop the strategy needed to win your genetic discrimination case. Additionally, you’ve got nothing to lose by contacting us because we only get paid after we secure a recovery for you. Call us now to speak with one of our lawyers about your genetic discrimination claim, or fill out the online contact form to schedule a free consultation at our Trenton or Pennington offices.

Contact Kamensky Cohen & Riechelson

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Call (609) 528-2596 or (215) 337-4915 or send us an email. We're here when you need us.