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100 | Recruitment and Selection Law for Local Government Employers
was likely to reveal genetic information. In this case, the employer is not liable for violating GINA.196
2.7 North Carolina Law Prohibiting Discrimination Based on Genetic Information
Like GINA, G.S. 95-28.1A prohibits employers from denying employment to or refusing to hire someone on the basis of genetic information that concerns that person or a member of their family. G.S. 95-28.1A applies to all state agencies and to all local government employers, regardless of size. Although the North Carolina statute predates GINA by more than 10 years, no reported cases have as yet arisen under it.197
2.8 The Uniformed Services Employment and Reemployment Rights Act
The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) is the successor statute to the Vietnam-era Veterans’ Reemployment Rights Act of 1968. It was enacted to prohibit employment discrimination against those who serve in the United States armed forces and to make it easier for people to perform non-career service in the armed forces by minimizing the disruption to their civilian careers.198 USERRA protects any person serving in the United States Army, Navy, Air Force, Marine Corps, and Coast Guard and their reserve units, as well as persons serving in the Army National Guard and Air National Guard, the commissioned corps of the Public Health Service, and “any other category of persons designated by the President in time of war or national emergency.”199
196. See 29 C.F.R. §§ 1635.8(b)(i) and (b)(ii)(B).
197. Even before the General Assembly enacted the general prohibition against discrimination based on genetic information, it had prohibited discrimination against anyone possessing the sickle cell trait or hemoglobin C trait in G.S. 95-28.1.
198. USERRA is codified at 39 U.S.C. § 4301–4333. The U.S. Department of Labor’s administrative rules implementing USERRA may be found at 20 C.F.R. §§ 1002.1–1002.314.
199. See 38 U.S.C. §§ 4303(13), (16).
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| Title | Recruitment and selection law for local government employers - Page 116 |
| Full Text | 100 | Recruitment and Selection Law for Local Government Employers was likely to reveal genetic information. In this case, the employer is not liable for violating GINA.196 2.7 North Carolina Law Prohibiting Discrimination Based on Genetic Information Like GINA, G.S. 95-28.1A prohibits employers from denying employment to or refusing to hire someone on the basis of genetic information that concerns that person or a member of their family. G.S. 95-28.1A applies to all state agencies and to all local government employers, regardless of size. Although the North Carolina statute predates GINA by more than 10 years, no reported cases have as yet arisen under it.197 2.8 The Uniformed Services Employment and Reemployment Rights Act The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) is the successor statute to the Vietnam-era Veterans’ Reemployment Rights Act of 1968. It was enacted to prohibit employment discrimination against those who serve in the United States armed forces and to make it easier for people to perform non-career service in the armed forces by minimizing the disruption to their civilian careers.198 USERRA protects any person serving in the United States Army, Navy, Air Force, Marine Corps, and Coast Guard and their reserve units, as well as persons serving in the Army National Guard and Air National Guard, the commissioned corps of the Public Health Service, and “any other category of persons designated by the President in time of war or national emergency.”199 196. See 29 C.F.R. §§ 1635.8(b)(i) and (b)(ii)(B). 197. Even before the General Assembly enacted the general prohibition against discrimination based on genetic information, it had prohibited discrimination against anyone possessing the sickle cell trait or hemoglobin C trait in G.S. 95-28.1. 198. USERRA is codified at 39 U.S.C. § 4301–4333. The U.S. Department of Labor’s administrative rules implementing USERRA may be found at 20 C.F.R. §§ 1002.1–1002.314. 199. See 38 U.S.C. §§ 4303(13), (16). |
