GINA - Genetic Information Nondiscrimination Act

1. Would an employer be in violation of GINA if it knows that an employee has breast cancer, since breast cancer generally has a genetic component?

No.  GINA does not define genetic information to include knowledge of a disease that might have a genetic component.

However, the employer would be in violation of GINA if it knew the results of a genetic test that indicated that the employee carries an altered gene, which predisposes her to breast cancer, or that her mother and grandmother had breast cancer. 

 

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