When Test Results Lead to Job Loss
After doctors told a Connecticut woman that genetic testing revealed that she had an "80 percent" chance of getting breast cancer, she underwent a voluntary double mastectomy. After all, according to the New York Times, both of her sisters had already contracted the disease, and test results showed her to be a carrier of the BRCA2 breast cancer gene. When she returned to work, her company started giving her fewer responsibilities, then demoted her and ultimately fired her. Previously, she had received glowing reviews.
The 39-year-old mother of two recently filed complaints claiming that her employer violated the Genetic Information Nondiscrimination Act (GINA) as well as the Americans with Disabilities Act.
GINA prohibits companies and health insurers from considering someone’s genetic background in firing, hiring or promotions.
The Times article states that a representative of the Equal Opportunity Employment Commission said most of the complaints filed since the genetic law took effect six months ago seemed to involve cases in which employers had improperly acquired or disclosed genetic information. But Ms. Fink’s case alleges a more serious offense: her job was terminated because of her genetic risk factors.
A spokesperson for the employer is quoted by the Times as follows: “We are confident that when the facts are revealed, the company’s actions will be seen in a different light and will be seen as being warranted.”
Since we are commenting on a sketchy news report of the bare beginning of what promises to be a complex case, it is important that we refrain from hasty conclusions and await further developments.
Nonetheless, this EEOC complaint, described by an advocacy group as “the first to become public,” raises awareness about GINA and a whole set of new issues for employers relating to the use and misuse of genetic information. We will be keeping a close watch on developments in this emerging area of the law.
