Genetic Tests
Woman claims genetic discrimination at work
A Fairfield woman claimed her employer eliminated her job after learning that genetic tests showed she was predisposed to developing breast cancer.
"I have two sisters, both of whom had breast cancer. Both are healthy. The first was diagnosed at age 37," Pamela Fink said.
Fink was worried that she would be next after a genetic test found that, like her sisters, she carried a gene that makes her predisposed to breast cancer. So, at the advice of her doctor, Fink said, "I made the decision to have a double mastectomy to reduce my risk from 80 to less than one percent, which is less than the general public."
At the time, Fink was the director of public relations at MXenergy in Stamford. She told her company what was happening and used sick time for the surgeries. A month after she returned to work, she was fired. Fink claimed, in the complaint, MXenergy fired her because management found out she had the breast cancer gene.
Though Fink does not have concrete proof, she said her performance reviews from before and after her surgeries tell the story. "I'd been with them about four years. I got positive reviews, just a lot of great opportunity honestly. I went out for my leave and when I came back I couldn’t do anything right."
Fink's complaint mentions that while she was off work, a consultant came to her department and in Fink's words, set her up for failure. "She came in the first day and said my writing was awful and that she expected me to do a bad job", Fink said.
In a statement released on Wednesday, MXenergy said they, "Emphatically and categorically deny Miss Fink’s allegations."
Fink said she was open to a settlement or taking the case to trial. She said she wanted to work something out soon because she is the only one in her family who can work and she is currently out of a job.
This is the first wrongful termination lawsuit filed in Connecticut based on genetic testing.
(Published by Eyewitness News - April 28, 2010)