Employers will be closely watching the first lawsuit filed under the federal Genetic Information Nondiscrimination Act (GINA), which makes it illegal to discriminate based on employees’ or applicants’ genetic information.
The case: Pamela Fink sued, saying she was fired soon after she discovered she carries a gene linked to breast cancer and decided to have a precautionary mastectomy.
Remember, the GINA law was added to the standard “EEO and the Law” bulletin-board poster, and employers must post that updated version. Find a link at www.theHRSpecialist.com/gina.
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- When accommodating pregnant employee, make sure measures truly relate to pregnancy
- Make sure job descriptions, handbook include reasonable work expectations
- Document all disciplinary actions, including why and when you decided to act