GINA Employer Requirements

Genetic Information Nondiscrimination Act (GINA): Employer Requirements

The Genetic Information Nondiscrimination Act of 2008 (GINA) is a federal law that protects employees and job applicants from discrimination based on genetic information.

GINA's employment protections, known as Title II, took effect on November 21, 2009. The law prohibits covered employers from using genetic information when making employment decisions and places restrictions on requesting, obtaining, and disclosing genetic information.

GINA remains an important component of federal equal employment opportunity compliance.

What Is the Genetic Information Nondiscrimination Act?

GINA was enacted to address concerns that genetic testing and advances in medical research could lead to discrimination against individuals based on inherited health risks or family medical history.

The law contains two major components:

• Title I: Establishes protections involving genetic information and health insurance.
• Title II: Prohibits genetic information discrimination in employment and establishes related employer responsibilities.

The U.S. Equal Employment Opportunity Commission (EEOC) enforces Title II of GINA.

Which Employers Must Comply With GINA?

GINA's employment discrimination provisions generally apply to private employers with 15 or more employees.

The law also applies to covered state and local government employers, federal government employment, employment agencies, labor organizations, and certain joint labor-management training programs.

Some state laws provide additional genetic discrimination protections and may apply to employers with fewer employees.

What Is Considered Genetic Information Under GINA?

Under GINA, genetic information includes more than the results of a DNA test.

Examples include:

• Information about an individual's genetic tests.
• Information about genetic tests performed on family members.
• Family medical history.
• Information about requests for or receipt of genetic services.
• Participation in certain genetic research or counseling.
• Certain genetic information involving a fetus or embryo as defined by law.

Family medical history is particularly important because it can reveal information about an individual's potential inherited health risks.

What Employment Practices Does GINA Prohibit?

GINA prohibits covered employers from using genetic information when making employment decisions.

Prohibited decisions may involve:

• Hiring or refusing to hire an applicant.
• Terminating an employee.
• Promotions and demotions.
• Compensation and employment benefits.
• Job assignments and transfers.
• Training and advancement opportunities.
• Layoffs and other employment decisions.

Employers cannot use genetic information to make employment decisions based on assumptions about whether an individual may develop a disease or medical condition in the future.

Can Employers Request Genetic Information From Employees?

GINA generally prohibits covered employers from requesting, requiring, or purchasing genetic information about employees or applicants.

However, the law recognizes several narrow exceptions.

Examples include:

• Genetic information acquired inadvertently.
• Information obtained through qualifying voluntary health or genetic services.
• Family medical history obtained for certain legally permitted family leave certification purposes.
• Information acquired from qualifying publicly available sources.
• Certain legally authorized genetic monitoring activities.
• Limited DNA testing activities involving qualifying forensic laboratories.

These exceptions are subject to specific legal conditions and should not be interpreted as general permission to collect employee genetic information.

GINA and Employee Medical Examinations

Employers conducting employment-related medical examinations must take steps to prevent the improper collection of genetic information.

For example, an employer generally cannot require an employee or applicant to provide family medical history as part of an employment-related medical examination.

When requesting medical documentation, employers should consider including the applicable GINA warning instructing healthcare providers not to provide genetic information.

Confidentiality of Employee Genetic Information

Covered employers that lawfully obtain genetic information must maintain its confidentiality.

Genetic information maintained in writing generally must be kept separately from ordinary personnel records in confidential medical files.

The law permits disclosure only under limited circumstances, such as certain employee requests, court orders, government investigations, or other specifically authorized situations.

GINA Protections Against Harassment and Retaliation

GINA also prohibits unlawful harassment and retaliation involving genetic information.

Employers may not retaliate against employees or applicants for:

• Opposing employment practices prohibited by GINA.
• Filing a genetic information discrimination charge.
• Participating in a discrimination investigation or proceeding.
• Exercising other rights protected under GINA.

GINA and the EEOC Know Your Rights Poster

Genetic information discrimination protections are addressed in the EEOC's workplace discrimination notice.

Historically, the EEOC updated its EEO Is the Law poster to incorporate GINA protections.

In 2022, the EEOC released the Know Your Rights: Workplace Discrimination Is Illegal poster, replacing the previous EEO Is the Law poster and supplement.

Covered employers should review the current EEOC notice and applicable posting requirements rather than relying on outdated workplace discrimination posters.

Visit the EEOC Know Your Rights Poster page for official materials and guidance.

Where Must the EEO Poster Be Displayed?

Covered employers must display the applicable EEO workplace notice in conspicuous locations where employees and job applicants can readily see it.

Employers should also review applicable accessibility requirements and determine whether additional methods of providing notice are necessary for remote employees or electronic job applicants.

GINA and Other Workplace Discrimination Laws

GINA operates alongside other federal employment discrimination laws, including Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act.

These laws establish different protections, coverage requirements, and employer responsibilities.

Employers should evaluate each applicable law separately when developing workplace policies and compliance procedures.

Federal Labor Law Posters and Compliance Resources

Labor Law Compliance Center provides federal workplace notices, state and federal combination posters, and additional compliance resources for employers throughout the United States.

Browse our Federal Labor Law Posters category for available workplace notices.

Employers can also explore our State and Federal Combination Labor Law Posters and Poster Replacement Plan for assistance managing qualifying workplace posting updates.

Frequently Asked Questions About GINA

What does GINA stand for?

GINA stands for the Genetic Information Nondiscrimination Act of 2008.

When did GINA's employment protections take effect?

Title II of GINA took effect on November 21, 2009.

Does GINA apply to every employer?

No. The federal employment provisions generally cover employers with 15 or more employees and certain other covered entities. State laws may establish additional protections.

Does GINA protect family medical history?

Yes. Family medical history is included in the definition of genetic information protected by GINA.

Can an employer use genetic test results when making hiring decisions?

No. Covered employers are prohibited from using genetic information to make employment decisions.

Is GINA included in the federal EEO workplace notice?

Yes. Genetic information discrimination protections are addressed in the EEOC's workplace discrimination notice.

Are employers required to display a separate GINA poster?

GINA protections are included in the applicable EEOC workplace discrimination notice. Employers should review the current EEOC posting requirements rather than assume a separate GINA poster is mandatory.

Official GINA Compliance Resources

For additional information, employers can review:

• EEOC Genetic Information Discrimination Guidance
• EEOC GINA Fact Sheet
• EEOC Know Your Rights Poster

For additional workplace posting products and compliance resources, visit the Labor Law Compliance Center homepage.

Compliance note: This article provides general educational information about the Genetic Information Nondiscrimination Act. Employers should consult current EEOC guidance and applicable federal and state laws to determine their obligations.