The Genetic Information NonDiscrimination Act (GINA) will take effect this weekend. It shields employees from genetic testing requested by employers and group health insurers. Historically, employers and their health insurers have used genetic testing as a means of “weeding out” those with “bad genes,” whether by disputing coverage or cleverly drafting policies to exclude coverage for those conditions one is genetically predisposed to. Such testing has been done for employees that have developed the common workplace injury: carpal tunnel syndrome. One woman was fired for announcing she was being tested for breast cancer.
Employers and group insurers have narrowly viewed any employee with a genetic predisposition as a liability, and no longer a producing asset.
This will soon cease, as GINA will protect employees at places of employment with 15 or more employees.
Ms. Filutowski has a track record of recovering over $3.0 million dollars for her clients through negotiations, arbitrations, mediations and trial.
