State employers cannot be sued under GINA, court says

Sovereign immunity shields state employers from liability under the Genetic Information Nondiscrimination Act (GINA), a federal district court has held. The ruling is the first to address whether state employers — including hospitals, schools and other instrumentalities — can face damage claims under GINA. Though Congress clearly meant for GINA to protect state employees, the court found no unconstitutional pattern of genetic bias by states. The decision mirrors the recent Supreme Court ruling on states’ liability under the “self-care provision” of the Family and Medical Leave Act.

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