Woman Sues Ex-Employer for Violating GINA Law

By Kirell Lakhman

A woman in Connecticut is suing her former employer for allegedly firing her because she was found to be genetically at higher risk for developing breast cancer.

I decided to post this story here not only for its likely ability to reignite water-cooler gossip about Myriad Genetics, but also because of its velvety irony: Her employer allegedly hired a replacement for the woman while she was recovering from a prophylactic double mastectomy, which effectively reduced her chances of developing the disease by 90 percent and placing her risk closer to the average woman.

She was fired soon after she returned to work, according to the Los Angeles Times. An article in Canadian Business Online said "she carried the hereditary BRCA2 gene."

If it ever goes to trial, her case could be short and sweet for at least one other reason: She filed the suit with the US Equal Employment Opportunity Commission and the Connecticut Commission on Human Rights and Opportunities, and cited the Genetic Information Nondiscrimination Act.

GINA, which was signed by President Bush in May 2008 and went into effect in the fall of 2009, was created specifically to prevent this kind of discrimination.