This is among the first cases filed under the federal Genetic Information Nondiscrimination Act (GINA), which went into effect in November. GINA prohibits employers and health insurers from discriminating based on a person’s genetic information.
Fink claims that she had received merit increases and bonuses prior to telling her supervisors about her genetic tests and preventative double mastectomy surgery she was undergoing. When Fink returned from surgery the company took away her office and most of her duties, according to her complaint. Fink’s job was the only one in the department that was eliminated about six weeks after she returned from her second surgery.