(Last Updated On: April 10, 2025)
Employees and employers in Massachusetts should be aware that federal and state laws provide employees with protections against genetic information discrimination, and employers have responsibilities concerning genetic information when it comes to hiring and employing workers. The federal Genetic Information Nondiscrimination Act of 2008 (GINA) provides protections against genetic information discrimination to employees nationwide. In Massachusetts, Chapter 151B of the Massachusetts General Laws also prohibits employers from discriminating against job applicants and employees on the basis of genetic information.
What is genetic information discrimination and what forms can it take in Boston and Natick workplaces? The experienced employment lawyers at Rodman Employment Law can tell you more.
Federal Genetic Information Nondiscrimination Act of 2008
The GINA provides a wide range of protections against genetic information discrimination, and Title II expressly prohibits genetic information discrimination in employment contexts. How does federal law define “genetic information” for purposes of prohibiting discrimination in employment situations? According to the US Equal Employment Opportunity Commission (EEOC):
“Genetic information includes information about an individual’s genetic tests and the genetic tests of an individual’s family members, as well as information about the manifestation of a disease or disorder in an individual’s family members (i.e., family medical history)…”
The definition continues: “Genetic information also includes an individual’s request for, or receipt of, genetic services, or the participation in clinical research that includes genetic services by the individual or a family member of the individual, and the genetic information of a fetus carried by an individual or by a pregnant woman…”
The EEOC further clarifies that protections concerning genetic information exist because this type of information “is often used to determine whether someone has an increased risk of getting a disease, disorder, or condition in the future.”
Under Title II of the GINA, it is unlawful for any employment-related decisions — from hiring to promotions and terminations — to be made on the basis of genetic information. Employees are also protected against harassment and retaliation on the basis of genetic information. This federal law applies to employers in Massachusetts with 15 or more employees.
Massachusetts Law Prohibiting Genetic Information Discrimination
Many job applicants or employees in Massachusetts who face genetic information discrimination will be covered by state law even if they are not covered by federal law — state law under Chapter 151B of Massachusetts General Laws applies to employers with six or more employees.
Massachusetts law defines genetic information similarly to the EEOC, indicating that genetic information means:
“[A]ny written, recorded individual identifiable result of a genetic test…or explanation of such a result or family history pertaining to the presence, absence, variation, alteration, or modification of a human gene or genes.” The definition expressly does not include “information pertaining to the abuse of drugs or alcohol which is derived from tests given for the exclusive purpose of determining the abuse of drugs or alcohol.”
Examples of Genetic Information Discrimination
What does genetic information discrimination look like in practice? Genetic information discrimination can take a wide range of forms, including but not limited to the following:
- Employer deciding not to hire a job applicant after learning that the employee carries a gene for breast cancer;
- Employer raises a particular employee’s health insurance premium after learning that the employee carries BRCA1 or BRCA2, genes making a breast cancer diagnosis more likely than a diagnosis among other employees;
- Employer deciding to lay off employees who have family histories of heart disease;
- Employer searching for information about a job applicant’s or current employee’s family health history;
- Employer information, other co-workers of an employe,e that the employee had a family member who found out they have a genetic condition or a gene that makes a diagnosis with a particular disease or condition more likely; or
- Employee demoted or terminated after the employer learned the employee was pregnant and is a carrier for a gene for Huntington’s disease, making it likely that the employee would need significant time off to care for the child if it is diagnosed with that condition.
Contact a Massachusetts Employment Discrimination Attorney Representing Clients in Boston and Natick
Whether you are an employee who has faced discrimination in violation of the GINA and wants to know more about your rights, or you are an employer who has questions or concerns about your responsibilities under this federal law, you should seek legal advice. An experienced Massachusetts employment law attorney at our firm can speak with you today about the Genetic Information Nondiscrimination Act and relevant state law, and the rights and responsibilities the laws provide and require. Contact Rodman Employment Law for more information about how we can assist you.
