What rights do employees have to be free from discrimination based on genetic information?

In California, all employees have the right to be free from discrimination based on genetic information. This includes protection from discrimination in all aspects of employment, including termination, compensation, training, and all other terms and conditions of employment. Under the California Fair Employment and Housing Act (FEHA), employers are forbidden from “discriminating or taking adverse action” against employees or applicants based on genetic information. This includes not only direct and intentional discriminations, but also indirect or unintentional discrimination. Genetic information refers to information about the inherited characteristics of an individual from their biological parent, such as their DNA. It also includes information about a person’s family medical history. Employers may not collect such information about their employees either directly or indirectly. It is also illegal for an employer to take any action against an employee based on the results of any genetic testing. Such actions can include the refusal to hire, demote, or terminate an employee on the basis of genetic information. Employers are also prohibited from using genetic information in any decision about pay, benefits, or promotions. Employees in California have the right to be free from discrimination based on genetic information. If an employee believes they have been the victim of such discrimination, they can file a complaint with the California Department of Fair Employment and Housing. The Department will investigate the complaint and can order corrective action if it finds that the employer has violated FEHA.

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