Genetic Information Nondiscrimination Act (GINA)

The Genetic Information Nondiscrimination Act (GINA) prohibits discrimination against employees or applicants because of genetic information. Employers cannot use genetic information in making employment decisions and are subject to other restrictions regarding requesting, requiring, purchasing, and disclosing genetic information.

Definition of Genetic Information

Genetic information includes information about an employee’s genetic tests and the genetic tests of their family members, including an embryo or fetus. This includes what is commonly referred to as family medical history. Genetic information also includes requesting or receiving genetic services or participating in clinical research that involves genetic services.

Discrimination, Harassment, and Retaliation Because of Genetic Information

The law prohibits discrimination because of genetic information in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, or any other term or condition of employment. 

GINA also prohibits harassment because of an employee’s genetic information. Harassment can include, for example, making offensive or derogatory remarks about an employee’s genetic information or about the genetic information of a relative of the employee.

Employers cannot fire, demote, harass, or otherwise retaliate against an applicant or employee because they filed a charge of discrimination, participated in a discrimination proceeding (such as an investigation or lawsuit), or otherwise opposed discrimination.

Rules Against Acquiring Genetic Information

Employers are generally prohibited from getting genetic information, except in the following circumstances:

• Inadvertent acquisitions of genetic information, such as in situations where a manager or supervisor overhears someone talking about a family member’s illness.
• Genetic information may be obtained as part of health or genetic services, such as wellness programs, offered by the employer on a voluntary basis, if certain specific requirements are met.
• Family medical history may be obtained as part of the certification process for leave under family leave laws or the employer’s policy, where an employee is asking for leave to care for a family member with a serious health condition.
• Genetic information may be obtained through commercially and publicly available documents like newspapers, as long as the employer is not searching those sources specifically to find genetic information or accessing sources they are likely to acquire genetic information from (such as genetic testing websites and online discussion groups).
• Genetic information may be obtained through a program that monitors the biological effects of toxic substances in the workplace where the monitoring is required by law or, if certain requirements are met, where the program is voluntary.
• Employers who engage in DNA testing for law enforcement purposes as a forensic lab or for purposes of identification of human remains can obtain genetic information of employees to analyze DNA markers for quality control to detect sample contamination.

Confidentiality of Genetic Information

GINA prohibits employers from disclosing genetic information about applicants, employees, or their family members. Employers must also keep genetic information confidential and in a separate medical file (which can be the same file the employer uses for medical information under the Americans with Disabilities Act). Employers, however, must disclose genetic information to government officials investigating compliance with GINA or pursuant to a court order.