Discrimination concern about genetic disease during job interview in Texas

Question

I applied for a director role, moving up from a manager position. During the interview process, I was told by the interviewer that I should cancel interviews if I'm not feeling well. When I asked for clarification, the interviewer suggested that my eyes appeared dilated or that I might have started a new medication. I informed them that I have a genetic disease that affects my eyes. The interviewer seemed embarrassed, and I feel I may have been discriminated against due to my appearance related to my disease. How should I proceed with this situation?

John Michael Frick · Answer

In order to assert a claim for discrimination based upon a "disability," you would need to prove that the interviewer was aware of your disease, that your disease constitutes a "disability" (i.e. a physical impairment that substantially limits your ability to perform major life activities), and that the interviewer took some adverse action (e.g. terminating the interview / not giving you the job) because of that disability. 
 
From your question, it appears the interviewer was unaware of your genetic disease and believed you might have been ill.  Your question does not mention if or how your genetic disease limits your ability to perform major life activities.  And there is no mention of any adverse action taken against you by the interviewer.  In my opinion, it will be difficult to persuade anyone that the interviewer discriminated against you because of a disability.

James L. Arrasmith · Answer

This situation may constitute genetic information discrimination, which is prohibited under federal law. The Genetic Information Nondiscrimination Act (GINA) protects individuals from discrimination based on genetic information in employment contexts, including hiring processes. Additionally, the Americans with Disabilities Act might apply if your genetic condition qualifies as a disability. 
 
Your next steps could include documenting everything that happened during the interview in detail - date, time, exact comments made, and your response. Consider requesting feedback about why you weren't selected if you don't receive an offer. You might also file a complaint with the Equal Employment Opportunity Commission (EEOC) within 180 days of the incident, as they enforce these protections. 
 
Consulting with an employment attorney who focuses on discrimination cases would give you personalized guidance based on Texas law. They can help assess the strength of your case and advise whether pursuing legal action makes sense. Remember that proving discrimination can be challenging, but maintaining detailed records of the incident strengthens your position regardless of which path you choose to take.

Q: Discrimination concern about genetic disease during job interview in Texas