Genetic Discrimination: What the Law Says About Your Medical Privacy

Advances in genetic testing have given people more insight into their health and potential medical conditions than ever before. But those same advancements have also raised concerns about privacy and discrimination. Could an employer or insurance provider use your genetic information against you? Fortunately, federal and state laws provide strong protections.

At Espy Law, we represent employees across Jackson and throughout Mississippi who have faced workplace discrimination or privacy violations involving sensitive health information.

Understanding Genetic Discrimination

Genetic discrimination occurs when someone is mistreated because of their genetic information. This includes the results of genetic tests or a family member’s genetic history that may suggest an increased risk of developing certain medical conditions. Employers or insurers who act on such information, by denying a job, changing insurance coverage, or reducing benefits, violate federal law.

The federal Genetic Information Nondiscrimination Act (GINA) prohibits the use of genetic information in employment decisions. It also limits the ways employers and insurers can obtain or disclose this data. The U.S. Equal Employment Opportunity Commission enforces these rules, ensuring that genetic information remains private and cannot be used in employment decisions, such as hiring, firing, or promotion. You can review these protections through the EEOC’s official website.

Our employment law attorney helps employees understand these laws and how they apply in real workplace situations.

What Employers Are Prohibited From Doing

Under GINA and related Mississippi laws, employers are prohibited from:

• Requesting, requiring, or purchasing genetic information about an employee or their family members.
• Using genetic information to make employment-related decisions.
• Retaliating against anyone who opposes genetic discrimination or participates in a related investigation.

In most cases, employers cannot even possess employees’ genetic data. The law applies to all stages of employment —from recruitment to termination —and protects both current and prospective employees.

Our workplace discrimination lawyer assists individuals who suspect that a job decision was influenced by health or family medical information. We investigate every aspect of the employment process to determine whether a violation occurred.

How Genetic Information Can Be Collected

There are limited circumstances in which employers may lawfully collect genetic information. For example, it may be disclosed inadvertently when an employee takes medical leave, submits a doctor’s note, or participates in a voluntary wellness program. Even in those cases, strict confidentiality rules apply. Employers must keep such information in separate medical files and not include it in personnel records.

Health insurance providers are also restricted. They cannot use genetic data to deny coverage or increase premiums. Mississippi residents benefit from both federal and state-level protections that work together to keep this information private. Our employee rights attorney in Mississippi can help determine whether your employer’s actions align with these legal standards.

Examples of Genetic Discrimination in the Workplace

While genetic testing is often used to promote preventive health care, misuse can lead to serious harm. Some common examples of potential violations include:

• An employer refuses to hire someone after learning they have a family history of heart disease.
• A worker is denied a promotion because genetic testing revealed a predisposition to certain cancers.
• An employee is asked to participate in a “wellness program” that requires DNA samples.
• A supervisor shares a staff member’s private genetic information without consent.

These situations violate privacy and equality rights under both GINA and state laws. At Espy Law, we have seen how subtle or indirect forms of discrimination can affect a person’s career and financial security. Our firm helps employees challenge these actions and hold employers accountable.

Your Rights Under Federal and State Law

Under GINA, your genetic information is considered confidential medical data. Employers must store it separately from regular personnel records and limit access to authorized individuals only. Additionally, employers cannot request or share this information except under narrow exceptions, such as compliance with medical leave or safety laws.

Mississippi law also reinforces workplace privacy standards, providing remedies for employees who experience discriminatory treatment based on health data. If you believe an employer or insurer accessed or used your genetic information without permission, you have the right to pursue legal remedies.

Our labor law attorney can guide you through these procedures and help file a complaint or lawsuit when necessary.

Steps to Take If You Suspect a Violation

If you think your genetic information has been misused, acting quickly is critical. Here are practical steps you can take:

1. Document the issue. Record when and how your genetic information was requested or used.
2. Preserve communication. Keep emails, memos, or written correspondence that mention health or family medical history.
3. Consult legal counsel. Contact our firm for a confidential consultation to discuss potential next steps.
4. File a complaint. Genetic discrimination claims can be filed through the EEOC or a state agency, depending on the situation.

Our employment lawyer in Mississippi helps clients prepare their claims thoroughly and ensures all filing deadlines are met. We also negotiate directly with employers and insurers to resolve cases efficiently whenever possible.

Why Legal Guidance Matters

Genetic privacy laws can be complex, and violations often occur discreetly. Employers may attempt to justify their actions as legitimate business decisions, making it difficult to prove discrimination without professional help. Our attorneys understand how to identify these violations, gather evidence, and protect clients from retaliation.

We work to ensure employers comply with all federal and state regulations regarding employee health information. By seeking representation early, you protect not only your current job but also your long-term privacy rights.

Visit our employment law page to learn more about how our firm handles discrimination and privacy cases.

Protecting Your Genetic Privacy

Your genetic information is personal, and the law is designed to keep it that way. Employers, insurers, and other organizations cannot use it to influence hiring, promotions, or coverage decisions. At Espy Law, we help clients across Jackson and throughout Mississippi uphold their right to privacy and fair treatment at work.

If you believe your genetic information has been mishandled or used to your disadvantage, our employment law attorney is ready to review your case. Contact our firm today through our contact page to schedule a free consultation and learn how we can help you assert your rights.