What rights do employees have to be free from discrimination based on genetic information?
Employees in Michigan have the right to be free from discrimination based on genetic information. Under federal law, the Genetic Information Nondiscrimination Act (GINA) of 2008 makes it illegal for employers and other covered entities to discriminate against individuals on the basis of their genetic information. Specifically, it prohibits employers from making decisions relating to hiring, firing, pay, or any other sort of job action based on a person’s genetic information. Additionally, GINA also restricts employers from requesting, using, or disclosing an employee’s genetic information. In other words, if an employer requires a potential employee to take a genetic test or if an employee voluntarily discloses their genetic information, the employer cannot use this information to make decisions about hiring, pay, promotion, or any other terms or conditions of employment. In Michigan, the Elliott-Larsen Civil Rights Act (ELCRA) further prohibits discrimination based on genetic information, in addition to other characteristics such as race, color, religion, national origin, age, sex, and sexual orientation. Under this law, employers are barred from discriminating against a person on the basis of their genetic information in the workplace, as well as in public accommodations and housing. Overall, employees in Michigan have the right to be free from discrimination based on genetic information. Employers must comply with both federal and state law when it comes to making decisions regarding any terms and conditions of employment and must not use a person’s genetic information when making such decisions.
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