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Federal Court Holds That Termination of Employee Based on Wife’s Medical Condition Did Not Violate Federal Law

The federal Genetic Information Nondiscrimination Act (“GINA”) makes it unlawful for an employer “to fail or refuse to hire, or to discharge, . . . or otherwise to discriminate against any employee . . . because of genetic information with respect to the employee.” The law defines such genetic information as including the genetic tests of family members of an individual. Does this mean that an employee automatically has a viable lawsuit if he is discharged based on a genetic disease of a family member? The answer, as a plaintiff in the Western District of Virginia recently discovered, is “no”.

In Poore v. Peterbilt of Bristol, L.L.C., an employee of Peterbilt claimed that he was terminated after disclosing in a health insurance questionnaire that his wife had been diagnosed with multiple sclerosis. After he submitted the completed questionnaire, Peterbilt’s office manager allegedly asked the plaintiff when his wife was diagnosed with multiple sclerosis and the prognosis. Three days later, he was terminated.

The plaintiff claimed that his termination violated GINA based on the theory that he was terminated as a result of his wife’s medical condition. The plaintiff argued that because the statute defines “genetic information” as including “genetic tests of family members of an individual,” and because he was allegedly fired based on the results of his wife’s genetic tests, he was entitled to compensation for his termination. The judge disagreed.

Consulting the statute’s legislative history, the judge noted that the intent of GINA is to prohibit employers from making a predictive assessment concerning an individual’s propensity to have an inheritable genetic disease or disorder based on an inheritable disease or disorder of a family member. The key, according to the court, is whether the family member’s genetic traits are being used as a surrogate for the genetic traits of the employee. The fact that an individual family member has been diagnosed with a disease or disorder is not considered “genetic information” if that disease or disorder relates only to the afflicted family member and not to the employee as a disease or disorder that he may also have. Because the family member was a spouse, and not a blood relative of the employee, the employee could not show that the employer viewed the disease as one that he may have. Thus, a claim that the employee was terminated because of a family member’s genetic traits that do not plausibly suggest any genetic traits of the employee is insufficient to maintain a lawsuit under GINA.

Client Reviews

    
 
 
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   Anonymous 
 
 
 
 Trustindex verifies that the original source of the review is Google. I was facing a charge of Reckless Driving for speeding on I66 at midnight. This is considered a Class 1 Misdemeanor in the state of Virginia. Having something like Reckless Driving on your record is on par with having a DUI. This charge also carries a chance for jail time (up to a year).

I was incredibly scared because I had never faced such a charge. And looking into Virginia Law, my speed exceeded 90mph, which is quite serious.

I retained Dave Albo to help me with this case. Since my record was clean, Dave had advised I do the following before my trial.

* Take a DMV Driver's Improvement Course

* Take a Behavior Modification Course

* Do 100 hours of community service

* Print my DMV Record one week before the trial

On the day of my trial, Dave got my Reckless Driving charge REDUCED to a regular Speeding charge. This was the absolute best case scenario for me.

No criminal record.
No jail time.
No suspension of license.

I did receive 6 demerit points and had to pay a fine of $250 (plus court fees). But that's a slap on the wrist, compared to what I could have been facing.

Thank you Dave Albo for helping me through this ordeal!
  
 
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   Tom 
 
 
 
 Trustindex verifies that the original source of the review is Google. Dave albo it's a fantastic lawyer.
He has helped me twice now with great results both times with minor traffic tickets.
I would recommend him to anybody including my family. He has great ethics and honesty which is what I look for in a lawyer .
  
 
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   kendall carpenter 
 
 
 
 Trustindex verifies that the original source of the review is Google. Dave was my attorney recently for a car accident where I needed someone to represent me in court. After exchanging all necessary information he reassured me when the court date came that there wouldn’t be anything to worry about. On the day of court a couple problems arose and Dave was able to rectify them quickly, told me everything I need to say if needed and when it was all over he got my violation reduced significantly. I hope to never go to court again but if I do I will being calling Dave again.
  
 
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   Amanda Stallard 
 
 
 
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   Mark West 
 
 
 
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   M 
 
 
 
 Trustindex verifies that the original source of the review is Google. David was incredible to work with from clear communication and next steps. To showing up to traffic court early to walk over all steps, making case in court as experienced/intelligent/well spoken lawyer. Lastly, he even followed after case in writing to confirm the outcome outlining everything that happened in lamen terms (in my case the best outcome we could ask for). I’m so appreciative to David.
  
 
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   mitquinn88 
 
 
 
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 Trustindex verifies that the original source of the review is Google. Thanks to Dave Albo for a fantastic job representing me and ensuring the best possible outcome for my case.  I highly recommend him - you will be in good hands for sure.  From start to finish he provided expert counsel and kept me well informed.  He  simply could not have done a better job.
  
 
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   Hope Carrigan 
 
 
 
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   Doug Damron 
 
 
 
 Trustindex verifies that the original source of the review is Google. Dave did a great job representing me for my traffic court infraction! I wanted the best and his name came up as I searched for an attorney. Highly recommend him on all levels including a successful outcome to my case.