Definition · Employment law and regulation
GINA
Definition
GINA, the Genetic Information Nondiscrimination Act of 2008, is a US federal law that bars employers with 15 or more employees from using genetic information in employment decisions and generally prohibits them from requesting, requiring or buying it. Genetic information includes genetic test results and family medical history.
Also called: Genetic Information Nondiscrimination Act, GINA Title II
What GINA covers
GINA has two main parts. Title I deals with health insurance. Title II covers employment and is enforced by the EEOC. It applies to private employers, state and local governments, employment agencies and unions with 15 or more employees, and to the federal government.
Under Title II, an employer may not use genetic information in hiring, firing, pay, promotion or any other term of employment (doing so is a form of employment discrimination), and may not harass or retaliate against someone because of it. Genetic information means a person's genetic tests, the genetic tests of their family members, and family medical history, such as a parent's heart disease or a sibling's cancer. It joins the other characteristics treated as a protected class.
Where employers get caught out
Most GINA problems are not about DNA tests. They come from ordinary questions:
- Application or onboarding forms asking about family medical history.
- Pre-employment or fitness-for-duty medical exams where the doctor asks about family history.
- Managers asking a sick employee whether a condition "runs in the family".
- Wellness programs that reward employees for disclosing family history.
The EEOC suggests safe harbor wording when you request medical information, telling the employee or doctor not to provide genetic information. If genetic information arrives anyway after that warning, its receipt is generally treated as inadvertent.
Exceptions and confidentiality
GINA allows narrow exceptions, including information acquired inadvertently (such as overhearing a conversation), voluntary wellness programs that meet specific rules, family medical history needed for FMLA certification of leave to care for a family member, publicly available sources such as newspapers (but not targeted searching for genetic information), and genetic monitoring for toxic workplace exposure where required by law or done voluntarily with consent.
Any genetic information an employer does hold must be kept confidential and stored separately from personnel files, as with other medical records under the ADA. State laws may add stricter rules, so check local requirements.
Frequently asked questions
What does GINA mean for employment?
Employers covered by GINA cannot use genetic information, including family medical history, in employment decisions, and generally cannot ask for it, require it or buy it.
Does GINA cover family medical history?
Yes. Family medical history is part of the definition of genetic information under GINA, so employers generally cannot ask about it.
Which employers does GINA apply to?
Title II applies to employers with 15 or more employees, plus employment agencies, labor organizations and the federal government.
What is the GINA safe harbor language?
It is a statement employers include when requesting medical information, telling the employee or health care provider not to provide genetic information, including family medical history.