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The availability and practical uses of genetic information continue to increase exponentially. Employers may have access to this private medical information, but they are prohibited from holding negative genetic information against employees and job applicants.  Title II of the Genetic Information Nondiscrimination Act (GINA) prohibits employers from making employment decisions based on an employee’s genetic information. For instance, if an employer discovers that a job applicant has a rare genetic disorder that is expensive to treat or may require extensive time away from work, the employer cannot deny employment based solely on this information. This law was passed due to alleviate patient concerns that results of genetic tests would be available to employers through insurance providers. There were some indications that patients would simply avoid necessary tests to prevent employers from receiving potentially damaging information.

The passage of GINA should have remedies many of these patient concerns, but some employers may continue illegal employment practices despite the law’s existence  If your employer has accessed your genetic information and you have subsequently been the target of discrimination you may have a discrimination claim under GINA.  At SeiferFlatow, our experienced employment lawyers are committed to helping their clients recover for all damages resulting from employment discrimination. If you have experienced discrimination because your employer had access to your genetic information, please call us at to discuss your situation with one of our experienced attorneys. We are conveniently located in Charlotte, North Carolina if you would like to meet with one of attorneys to discuss your case in person.

 

Attorney Fee Structure in Employment Law Cases:

SeiferFlatow, PLLC’s employment law clients often are enduring economic hardships as a result of issues with their employment.  With this is in mind, we attempt to offer a fee structure that strikes a balance between our clients’ economic struggles and our need to be compensated for our legal services. Therefore, we offer several different fee structures in an attempt to satisfy their financial needs.

The most commonly used fee structure is the modified contingency fee. This fee structure is designed to form a partnership with the client and share the risk with them. The modified contingency fee combines an affordable monthly fee with a reduced contingency fee.

Although the modified contingency fee structure is commonly used, there are situations where the modified contingency fee would not be appropriate. One example would be when the client is seeking non-monetary relief. In this situation, an hourly rate or flat rate fee would be offered to the client.

While the fee structures mentioned above are the commonly used fee structures, we are open to discussing “creative” fee structures with the client as well. Our goal is to provide quality, efficient and affordable legal representation. We want everybody to have the opportunity to exercise their rights under the law regardless of their financial status.

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