Carlin & Buchsbaum, LLP Menu Contact
Fighting For Employee Rights Since 1970 : Long Beach, CA
Free Consultations 866-915-3589 | 562-606-0382
View Our Practice Areas

Genetic discrimination is illegal

Businesses in Los Angeles that require prospective employees to undergo physicals may be violating federal law if they are not handled correctly. While people are aware of the illegality of gender or race discrimination, not everyone is aware that companies cannot refuse to hire someone based on a medical condition or the belief that a candidate is at risk for developing one due to a family history. Employers can require job applicants to complete a physical and a drug test as a condition of employment, but businesses are limited as to what information they can gather.

The Genetic Information Non-Discrimination Act took effect in 2009, and the goal of the law is to prevent businesses from discriminating against employees for having diseases or a family history of a certain disease. This means that employers are not allowed to request or purchase genetic information about potential employees, including when a prospective candidate goes in for a pre-employment physical. Employers should be sure to let doctors who are giving these physicals know to not ask about family conditions to prevent the employer from being viewed as breaking the law.

Employers are also not allowed to rescind a job offer because they a candidate has a medical condition unless it prevents the individual from doing the job they are applying for. Additionally, employers must show that the job cannot be done by the applicant even with reasonable accommodations.

If someone has been denied a job due to their age, gender or a disability, they may have legal recourse. A lawyer could explain their options, help them file a complaint against the employer and argue their case in court if needed.

Source: AOL Jobs, "Pre-Employment Medical Exams: A New, Scary Kind Of Discrimination", Donna Ballman, June 11, 2013

Carlin & Buchsbaum, LLP

555 East Ocean Boulevard, Suite 818
Long Beach, CA 90802

Toll Free: 866-915-3589
Phone: 562-606-0382
Phone: 562-432-8933
Fax: 562-435-1656
Long Beach Law Office Map

Review Us

Contact Us For A Free Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy