Equality body successful in first genetic discrimination case
14 May 2013
Oklahoma fabric distributor Fabricut is to pay a $50k (£33k) fine as part of settlement in what US federal agency the Equal Employment Opportunity Commission (EEOC) says is the first case it has bought alleging genetic discrimination.
Tue, 14 May 2013Oklahoma fabric distributor Fabricut is to pay a $50k (£33k) fine as part of settlement in what US federal agency the Equal Employment Opportunity Commission (EEOC) says is the first case it has bought alleging genetic discrimination.
The EEOC’s lawsuit says Fabricut violated multiple laws in refusing to hire a women, Rhonda Jones, that they understood suffered from carpal tunnel syndrome (CTS), and in asking for her family medical history after offering her the post.
Jones had previously worked in the same role on a temporary basis. When offered the role full time and sent to have a physical examination, she was asked numerous questions about family history of conditions including heart disease, cancer, diabetes and “mental disorders”.
Fabricut’s doctor also determined she had CTS, which causes pain or aching in the hand as a result of pressure on nerves – although Jones’ own doctor disagreed.
Says EEOC regional attorney Barbara Seely: “Although GINA [the Genetic Information Nondiscrimination Act] has been law since 2009, many employers still do not understand that requesting family medical history, even through a contract medical examiner, violates this law.”
The EEOC says that alongside its fine, Fabricut will also “furnish other relief” to Jones.
The EEOC’s lawsuit says Fabricut violated multiple laws in refusing to hire a women, Rhonda Jones, that they understood suffered from carpal tunnel syndrome (CTS), and in asking for her family medical history after offering her the post.
Jones had previously worked in the same role on a temporary basis. When offered the role full time and sent to have a physical examination, she was asked numerous questions about family history of conditions including heart disease, cancer, diabetes and “mental disorders”.
Fabricut’s doctor also determined she had CTS, which causes pain or aching in the hand as a result of pressure on nerves – although Jones’ own doctor disagreed.
Says EEOC regional attorney Barbara Seely: “Although GINA [the Genetic Information Nondiscrimination Act] has been law since 2009, many employers still do not understand that requesting family medical history, even through a contract medical examiner, violates this law.”
The EEOC says that alongside its fine, Fabricut will also “furnish other relief” to Jones.
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