GINA Is Only Part of the Employment Law Puzzle

Recently the Genomics Law Report discussed a legal action brought by an employee alleging she was dismissed from her job when her employer learned of her genetic test results. The claim is that the employer’s action was in violation of the Genetic Information Nondiscrimination Act (GINA), and is the first publicly reported action of its kind. As GINA, which was enacted in 2008 and is still being implemented by regulatory agencies, becomes an established part of the legal landscape, more claims are bound to follow. The following article discusses a hypothetical set of facts that raise questions for an employer under GINA as well as other employment laws.

Another Monday morning, another administrative headache. Your marketing VP has taken fifteen minutes complaining – again – about Julie. In short, her performance has been in the tank for weeks. She’s missed numerous internal meetings and deadlines, and customer feedback has gone from highly favorable to “please send someone else next time, if there is a next time.”


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Filed under Badges, GINA, Industry News, Legal & Regulatory, Pending Regulation

Problems with Problem Employees

Fresh from a top biochemistry Ph.D. program, Beth was your fifth employee. Her technical expertise and ability to charm investors, lenders and prospective customers made her the obvious choice when, as the company burgeoned, you decided to formalize a roster of senior officers. As Executive Vice President for Biotechnology, Beth has since had a hand in every aspect of company business and operations.

Over the last year or so, however, Beth has moved from core asset to affirmative liability. She has missed critical internal and client meetings, and may go days without responding to calls or e-mails. According to her direct reports, she’s become largely invisible to them as well. You have no hint of what may be behind the situation.


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Filed under Badges, Bench to Market