The Genetic Information Nondiscrimination Act protects employees nationwide. Violations can result in compensatory damages, punitive damages up to $300,000, plus attorney fees.
GINA is a federal law that prohibits genetic discrimination in health insurance (Title I) and employment (Title II).
Enforced by HHS & DOL
GINA Title II strictly prohibits employers from using genetic information in employment. Here are the key restrictions.
Cannot use genetic information in hiring, firing, promotion, compensation, or any other terms of employment
Cannot request, require, or purchase genetic information about employees or their family members
Cannot require or request genetic tests as a condition of employment or continued employment
Must keep genetic information confidential and separate from personnel files with strict disclosure limits
Plus attorney's fees, expert witness fees, and court costs. Caps vary by employer size: $50,000 (15-100 employees), $100,000 (101-200), $200,000 (201-500), $300,000 (500+).
GINA provides narrow exceptions where genetic information acquisition is permitted—but employers must still never use it in employment decisions.
Information obtained accidentally (e.g., overheard conversation) if employer doesn't act on it
Wellness programs where genetic information is provided voluntarily with proper authorization
Family medical history obtained through FMLA leave certification process
Genetic information from commercially available sources (newspapers, books, online)
Required by law or voluntary workplace monitoring for toxic substance exposure
DNA testing for law enforcement purposes (forensic labs, human remains identification)
To qualify for the inadvertent acquisition exception, employers should include "safe harbor" language in all health-related inquiries instructing individuals not to provide genetic information. Without this language, inadvertent acquisition may not be protected.
Comprehensive GINA compliance services for employers of all sizes, anywhere in the United States.
Comprehensive review of HR practices, job applications, wellness programs, and medical inquiries for GINA compliance
Training programs on prohibited inquiries, safe harbor language, and proper handling of medical information
Written policies for genetic information handling, confidentiality requirements, and document segregation
Ensure voluntary wellness programs comply with GINA's genetic information collection requirements
Our proven process ensures your organization meets all GINA requirements quickly and efficiently.
We audit your hiring processes, health programs, and HR practices against GINA requirements
Identify areas where genetic information may be improperly collected, used, or disclosed
Develop compliant policies, update forms, and implement safe harbor practices
Train your team on GINA requirements and establish ongoing compliance monitoring
Many states have genetic privacy laws that go beyond GINA. If you operate in Illinois, California, or other states with enhanced protections, you need comprehensive compliance coverage.