Barton & Downes is conducting an investigation of companies and health plans that engage in practices in violation of the Genetic Information Nondiscrimination Act of 2008 (“GINA”). GINA is a federal law that protects individuals from discrimination on the basis of their genetic information by prohibiting employers and health plans from requiring individuals to disclose such information. Genetic information, as defined by the law, includes an individual’s genetic test(s), the genetic test(s) of an individual’s family members, and an individual’s family medical history.

Pursuant to GINA, an employer cannot use genetic information in employment decisions. This includes hiring, firing, promotions, pay, and job assignments. Additionally, health plans are prohibited from using genetic information in decisions about eligibility, coverage, underwriting or premium-setting decisions. If a company and/or health plan requires an individual to disclose genetic information, it may be in violation of GINA.

We will want to obtain some information to investigate your claim, including documentation regarding the request for genetic information and copies of the company policy or healthcare plan. If you do not have copies of the employee benefit plans or policies, we can assist you in making a request for copies. There is no charge to you for us to assist you in making this request or for us to evaluate your case.