Rachel Bethel Dallas
Trial Attorney
The Genetic Information Nondiscrimination Act (GINA) is a federal civil rights law. It prohibits employers from using your genetic information to make employment decisions. It also restricts them from even asking for it in the first place.
You might be wondering how your employer would ever even find out about your genetic information. After all, genetic information sounds like it might just pertain to DNA.
Dallas Employment Trial Lawyer Cassidy Monska
Labor Day means different things to different people. For some, it is the unofficial end of summer, a day for barbecues, back to school sales, and one last trip to the lake. But the holiday has a history worth remembering, especially if you are someone who clocks in, punches out, and wonders whether the system is actually looking out for you.
Where Labor Day Came From
Dallas Employment Trial Lawyer Cassidy Monska
Scroll through social media long enough and you will find someone telling a stranger to “sue” over almost anything. A canceled flight. A rude cashier. A manager who raised their voice. Everyone in the comment section is suddenly a lawyer.
Here is the problem with that: the “sue them” culture makes it harder to spot the situations that actually do matter. People who have been through real discrimination or retaliation start to wonder if their situation is “serious enough,” and they wait, and they lose time they cannot get back. Employment claims often move on short deadlines, so the cost of waiting can be the whole case.
In recent decades, employers have become increasingly interested in their employees’ private lives. One question that comes up often is the extent to which employers can look into and use their employees’ medical information. The COVID-19 pandemic has only made these sorts of inquiries more common, so it is important that you as an employee understand your legal rights and responsibilities.
For starters, the default rule is that your employer cannot ask you about medical conditions or demand medical documentation for just any reason. According to the Americans with Disabilities Act (and specifically, 42 U.S.C. § 12112(d)) your employer can ask about medical conditions (including disabilities) or ask you to undergo a medical exam only if doing so is “job-related and consistent with business necessity.” What does that mean? Generally, your employer must reasonably believe that you have a health condition that impairs your ability to do your job or that poses a direct threat of harm to others. It is entitled only to information on those things. However, this does mean that you employer can ask for a doctor’s note for things like going out on and returning from sick leave.
Dallas Employment Lawyer Blog