What rights do employees have to be free from discrimination based on genetic information?
In Massachusetts, employees have the right to be free from discrimination based on genetic information. Under Massachusetts General Law, employers are prohibited from discriminating against an employee on the basis of genetic information when making decisions about hiring, salary, benefits, layoffs, promotions, or any other terms of employment. Employers are also prohibited from requesting, requiring, or purchasing genetic information from employees or potential employees. This includes making decisions regarding participation in benefit programs or other activities that are based on genetic information. Employers are also prohibited from disclosing genetic information without the employee’s written consent, unless the employer is required to do so by law. Employees have the right to file a complaint with the Massachusetts Commission Against Discrimination (MCAD) if they feel they have been discriminated against based on their genetic information. In addition, employees can file a civil suit against their employer if they feel their rights under state law have been violated. Employers should also be aware that there are federal laws which make it illegal to discriminate based on genetic information. The Genetic Information Nondiscrimination Act (GINA) makes it illegal for employers to discriminate against employees or potential employees based on their genetic information. Under GINA, employers cannot use genetic information to make employment decisions and employers cannot request, require, or purchase genetic information from employees or potential employees.
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