How do GINA employment provisions interact with state employment law?
A. GINA does not disturb state laws that are more protective. Plaintiffs may bring a claim under either GINA or their state genetic discrimination law or both. Thirty-four states have enacted genetic nondiscrimination in employment laws to date. Of these, 21 states allow for a private right of action. While most state genetic discrimination laws offer fewer protections than GINA, a number allow for greater monetary recovery. Q. I have a new job offer, but the offer does not include the same benefits offered to other employees. I think the employer knows that I am at increased risk for cancer and wants to hire me but not provide me with benefits they believe are likely to be costly. Is this legal under GINA? A. If your employer provides life or disability insurance as part of your employment benefits and you are discriminated against by the employer in the way these benefits are provided or administered, then you would have a cause of action against the employer (but not against the ins
Related Questions
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