EEOC Is Making Good on Its Promise to Prosecute Genetic Discrimination

Author: Melissa A. Silver, XpertHR Legal Editor

The Equal Employment Opportunity Commission (EEOC) has reached a settlement in its first lawsuit filed alleging that an employer violated the Genetic Information Nondiscrimination Act (GINA), the federal law that prohibits employers from acquiring and using genetic information, including family medical history, in making employment decisions.

The settlement confirms that the EEOC is following one of its key Strategic Enforcement Priorities of addressing emerging and developing issues in equal employment law, which includes genetic discrimination.

According to a press release, the EEOC had filed a lawsuit alleging that Fabricut, Inc., a distributor of decorative fabrics based in Tulsa, OK, violated GINA when it asked a woman about her family medical history in a post-offer medical examination. The lawsuit also alleged that Fabricut violated the Americans with Disabilities Act (ADA) when it rescinded its offer of employment to the woman because it regarded her as having carpal tunnel syndrome.

As part of its settlement with the EEOC, Fabricut has agreed to pay $50,000 and to implement certain actions to prevent future discrimination, including posting an antidiscrimination notice to employees, disseminating antidiscrimination policies to employees and providing antidiscrimination training to employees involved in the hiring process.

Additional Resources

Employee Management > EEO - Discrimination

Employee Management > Disabilities (ADA)

Recruiting and Hiring > Terms of Employment