Discrimination on the basis of genetic information will now be unlawful under the Unruh Civil Rights Act and the California Fair Employment and Housing Act (FEHA). While the federal Genetic Information Non-Discrimination Act of 2008 (GINA) covers employers with 15 or more employees, recent legislation signed into law by Governor Brown will now cover California employers with 5 or more employees. Like the federal law, the California law will prohibit discrimination, retaliation and harassment on the basis of genetic information. 

Genetic information means information about:   (1) an individual’s genetic tests; (2) genetic tests of family members of the individual; or (3) the manifestation of disease or disorder in family members of individuals. Genetic information includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services by an individual or any family member of the individual. It does not include, however, information about the sex or age of any individual.