What’s in the GINA for an Employee Like You?

Image credit: lifesciencesfoundation.org

What does genetic information has to do with your job? This is the question that a lot of people have been asking given that the Title II of the Genetic Information Nondiscrimination Act (GINA) of 2008 has been made to protect the same. And so we will discuss the things that every employee needs to know about genetic information and why it matters to you and every employee in California and all over the country.

 

What is “Genetic Information” and what’s in it for you?

One’s genetic information includes some important things about one person. It includes one’s family medical history, information about one person or family member’s genetic tests. These tests include the possibility of an individual’s increased risk of developing sicknesses like cancer, even records of visits by one’s family member to get genetic counseling or being a part of clinical research works for genetic testing. Now with this providing a lot of information about you and your family, would you feel okay if somebody else is looking for and checking it out?

 

Why Is the GINA Needed in the Workplace?

Some employers use any sort of information they could have to make employment decisions. One of those is one’s genetic information which is not at all relevant to gauge a person’s ability to work. And so employees are barred from doing the following:

-          Get an employee’s genetic information,

-          Offer a genetic services to an employee, or

-          Acquire genetic information from “commercially and publicly available” sources.


And so, an employer should keep any genetic information that it does acquire about one applicant or employee confidential.

 

What To Do If Your Rights Under the GINA Are Violated?

You can ask for the help of an employment law attorney in Los Angeles to prepare and file a claim against the employer. Filing such claims should be made within 180 days of the alleged violation. This way, you will be able to get reinstated to your work and be compensated for the pain and suffering that such violation has done to you and your family members.

 

There are some things that you would rather not know about. However, the protection of your genetic information from use and abuse of some employers is very important for your safety as well. That is why you should protect this vital information about you to prevent being used and abused by some unscrupulous employers.

Seven Laws that Employee Should Know About

Any California worker should depend on California employment laws during difficult and unjust employment situations. There is no way an employee to know when or where he or she would be subjected to the different forms of discrimination and harassment which is why learning his or her rights beforehand is a must.

As a precaution and a way to defend employees, they must seek refuge from the laws, which were created by the government to uphold their rights. This is crucial especially during theses moments where such aforementioned cases were quite rampant.

Workers need to know about their rights under laws so that if the get mixed into a problem involving discrimination, they would get an upper hand of the battle knowing where they should stand.

In line with this advocacy, here is the list of the seven laws that employees should know about during their tenure. If any violations were made against these, they have all the rights to seek the help of the attorneys adept in California employment laws.

• Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA) – Does not allow discrimination due to a person’s genetic information.
• Family and Medical Leave Act (FMLA) – Provides workers with a time off to care and nurse for a newborn baby or seriously sick family member.
• Civil Rights Act of 1991 – Gives workers monetary fees for acts of discrimination.
• Age Discrimination in Employment Act of 1967 (ADEA) – Defends workers (aged 40 and above) against abuse based on an individual’s age done by fellow employees, owners or customers.
• The Equal Pay Act of 1963 (EPA) – Guards both genders (men and women) who performs the same type of work against wage discrimination that is based on sex.
• Sections 501 and 505 of the Rehabilitation Act of 1973 - Forbids injustice towards competent people with infirmities who are employed within the federal government.
• The Civil Rights Act of 1964 (Title VII) - Forbids prejudice in employment founded on color, race, sex, national origin and religion.

California Employment Laws: Refuge for Sexual Harassment Victims

 

 

One of the most important provisions of California employment laws includes prohibiting discrimination and sexual harassment in the workplace. The state of California had long been a center for tourism, it’s beautiful landscape and sceneries has attracted businesses. In line with this, it also paved the way for many jobs for prospective employees. However, this also becomes the haven for a lot of abusive employers and fellow employees and without the proper knowledge of the California employment laws; surely a worker is defenseless against offenses done to them.

Under the law, sexual harassment is defined as the unwelcomed sexual advances, physical and verbal conduct that is sexual in nature as well as asking for sexual favors. This creates a hostile working environment that in the long term would affect employees.

Sexual harassment has evolved through the years. From the past where a male harasses a female, now some claims include premises where the harasser is the opposite. To compensate for the changing times, the definition of sexual harassment indicates that the action done against the employee would be the one to determine if there was a case to be filed. It means that the sexes of the people involved would not matter as well as their position within the company.

There are certain indications to show that this form of offense has occurred or was currently being experienced and these include the following:

• Visual
• Verbal or written
• Non-verbal
• Physical

CALIFORNIA EMPLOYMENT LAWS

Any employee who experiences maltreatment should seek refuge from the provisions under the California employment laws with the help of an attorney. These workers should take note that the harassment being done could further lead to a more aggravating situation such as rape. Further, this violates the basic laws that aim to uphold the rights of people. No one could force anybody to do things they do not like. If the said co-worker or employer seems to be using the fear of any employee in losing their job that means a solid premise that should be filed in court to put these abusive people behind bars.