Good news for employers and supervisors worried about whether the Genetic Information Non?dis??crimi??na?tion Act (GINA) expands individual liability and allows employees direct access to court. The answer is no.
GINA prohibits many uses of an em??ployee?s genetic information in a workplace context.
Employees must file an EEOC complaint before going to court. They can?t sue a supervisor personally for any alleged violations.
Recent case: James sued his em??ployer and several individuals directly. He said he suffered a nervous breakdown after he was retaliated against for reporting alleged discrimination. He included GINA claims without speci??fy????ing why he believed his genetic information had any bearing on his situation.
The court quickly dismissed James? lawsuit.
It noted two things. First, GINA requires an EEOC filing before going to court. Second, GINA doesn?t authorize personal liability for supervisors. (Wright v. Stonemore, No. 3:12-CV-380, WD NC, 2012)
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/33396/know-gina-rules-on-liability-eeoc-prerequisites "