Can you be fired for your genes?

There have not been any landmark cases or huge jury awards yet under GINA, but genetic discrimination is real. According to the Equal Employment Opportunity Commission’s annual report, released last month, there were 245 genetic-discrimination complaints in fiscal year 2011, up more than 20% from a year earlier. At the same time, the EEOC reported that the “monetary benefits” it helped collect related to genetic discrimination — in damages, back pay and other penalties — jumped more than sixfold, from $80,000 to $500,000.

These numbers will almost certainly increase greatly in coming years. Many people still do not know about their rights under GINA or even what genetic discrimination is. There will also no doubt be more lawyers developing genetic-discrimination practices. But the main reason these claims are likely to rise is that, as biological science advances, there is likely to be even more genetic information available about people. Tests are getting better at identifying those who are predisposed to cancer, heart disease and Alzheimer’s disease. Even though this sort of medical information should remain private, employers and insurance companies will have strong financial incentives to get access to it — and to use it to avoid people who are most likely to get sick.