Cancer and Your Genes

More on the Woman Who Filed an EEOC Complaint Claiming She Was Fired Over a Genetic Test Revealing a BRCA2 Mutation

The internet is abuzz with all kinds of information related to the case that we discussed yesterday here inovolving a Connecticut woman, Pamela Fink, who has filed a complaint with the EEOC and others alleging genetic discrimination under GINA (Genetic Information Nondiscrimination Act) .  She states that her former employer, MXenergy, fired her because of a genetic test that revealed that she carried a mutation in the BRCA2 gene, which confers very high lifetime risks of breast and ovarian cancer. 

Video is beginning to emerge (thanks to Nature News for pointing us in this direction) with more information about the case. 

Here is a piece from Fox61 News via courant.com:

 

 

 

Additionally, in another Fox news piece (posted along with the one above over at Nature News), Ms. Fink and her lawyer discuss the case.  She mentions that two of her sisters are cancer survivors.  This is not surprising in light of her decision to pursue prophylactic mastectomy, as women with close family members affected by breast cancer are more likely to pursue the preventative surgery in the context of a BRCA1 or BRCA2 mutation. 

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Know someone with Hereditary Breast and Ovarian Cancer risk due to a BRCA1 or BRCA2 mutation?  Encourage them to check out BRCAscoop.com - a new high quality health information resource focused on newly published evidence related to cancer prevention, screening and treatment for people with BRCA1 or BRCA2 mutations

Woman Files Complaint Claiming She Was Fired Over Positive BRCA2 Test for Hereditary Breast and Ovarian Cancer

In one of the first complaints filed related to the Genetic Insurance Nondiscrimination Act, a Connecticut woman has filed complaints with the U.S. Equal Employment Opportunity Commission and the Connecticut Commission on Human Rights and Opportunities.  According to the Boston Herald, Pamela Fink, 39, of Fairfield, Connecticut, alleges that her employer, MXenergy fired her after she disclosed to them that she had a mutation in the BRCA2 gene (which confers hereditary breast and ovarian cancer susceptibility). 

The complaint was filed under the Genetic Insurance Nondiscrimination Act (GINA).  The law prohibits employers and insurers from discriminating against employees on the basis of their genetic information.  A summary of information related to GINA is available here at the NHGRI website.

More details about the complaints are available here via the Boston Herald.  (Update: Dan Vorhaus at Genomics Law Report has more on this here).

In an age in which it is becoming increasingly clear that we are all mutants of some sort (i.e., based on recent high throughput sequencing of human genomes and exomes it is clear that most people will have several rare exonic mutations with the potential to cause disease), GINA is very important, and this may be a key test case depending on the facts that ultimately come out.

Update (April 29, 2010): We have another post on this now with more including video of Pamela Fink describing her complaint here.

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Know someone with Hereditary Breast and Ovarian Cancer risk due to a BRCA1 or BRCA2 mutation?  Encourage them to check out BRCAscoop.com - a new high quality health information resource focused on newly published evidence related to cancer prevention, screening and treatment for people with BRCA1 or BRCA2 mutations