Help fight genetic discrimination. An employee used the Family Medical Leave Act to care for parent. After submitting her mom's confidential genetic medical information. The employer used her mom's confidential medical record to deny the employee of fringe benefits. The employee was later discharged and no longer has medical insurance.
Genetic information includes information about the manifestation of a disease or disorder in an individual’s family members.
Discrimination Because of Genetic Information
The law forbids discrimination on the basis of genetic information when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, or any other term or condition of employment.An employer may never use genetic information to make an employment decision because genetic information is not relevant to an individual's current ability to work.
This information can be found on a completed FMLA form to care for parent.
The Family and Medical Leave Act of 1993
SEC. 106. INVESTIGATIVE AUTHORITY.
(b) OBLIGATION TO KEEP AND PRESERVE RECORDS.--Any employer shall make, keep, and preserve records pertaining to compliance with this title in accordance with section 11(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(c)) and in accordance with regulations issued by the Secretary.
The employer has no right to breach confidentiality, discriminate against an employee nor discharge an employee based on their knowledge of the employee's confidential genetic information.
Confidentiality of Genetic Information
It is also unlawful for a covered entity to disclose genetic information about applicants, employees or members. Covered entities must keep genetic information confidential and in a separate medical file. (Genetic information may be kept in the same file as other medical information in compliance with the Americans with Disabilities Act.) There are limited exceptions to this non-disclosure rule, such as exceptions that provide for the disclosure of relevant genetic information to government officials investigating compliance with Title II of GINA and for disclosures made pursuant to a court order.
This is completely illegal and honestly sickening to hear. That poor woman was just trying to help her mom. Employers shouldnt have access to that kind of stuff at all. Hope she wins her case!