Employer Asked for Family Medical History? GINA Rights
At a glance
Employer Asked for Family Medical History? GINA Rights: key takeaways
A visual summary of this post's main points. Read the article for context and limits.
Key point 1
GINA bars employers with 15 or more employees from using genetic information in hiring, firing, pay or promotion
Key point 2
Family medical history counts as genetic information, so most employer requests for it are off limits
Key point 3
Voluntary wellness programs have narrow exceptions and cannot reward you for handing over genetic data
A new-hire packet asks whether heart disease or cancer runs in your family. A wellness program offers a gift card for filling out a health risk survey. A manager hears that your parent has a hereditary condition and starts to worry about your insurance costs. Federal law limits what employers may ask and do with this kind of information. This guide explains the main rules of the Genetic Information Nondiscrimination Act, known as GINA, and what to save if you think they were broken.
In this article
Key takeaways
GINA bars employers with 15 or more employees from using genetic information in hiring, firing, pay or promotion
Family medical history counts as genetic information, so most employer requests for it are off limits
Voluntary wellness programs have narrow exceptions and cannot reward you for handing over genetic data
Employers must keep any genetic information in separate confidential files
What GINA Covers
Title II of GINA, found at 42 U.S.C. 2000ff-1, applies to private employers, state and local governments, employment agencies and unions with 15 or more employees. The EEOC explains that it bars discrimination because of genetic information and limits how employers may get and share it. The definitions in 42 U.S.C. 2000ff are broader than most people expect.
Genetic tests
Your own test results, or those of a family member, including DNA and chromosome analysis.
Family medical history
Diseases or conditions that appear in your relatives, out to the fourth degree of kinship.
Genetic services
Requests for or receipt of genetic counseling, testing or education by you or a family member.
Pregnancy-related genetics
Genetic information about a fetus carried by you or a family member.
What an Employer Cannot Do
Under the statute and the rules in 29 CFR Part 1635, an employer covered by GINA generally may not:
Use it in job decisions
Refuse to hire, fire, demote, cut pay or limit opportunities because of your genetic information.
Ask for it
Request, require or buy your genetic information or family medical history, except in narrow situations.
Segregate or classify you
Sort employees in a way that deprives you of opportunities because of genetic information.
Share it
Disclose it to others. Any genetic information an employer holds must stay in a separate confidential medical file.
Retaliate
Punish you for objecting to a GINA violation or taking part in a charge.
The Accidental Acquisition Exception
An employer does not violate GINA just because it learns something by accident, such as overhearing a coworker discuss a relative or seeing a social media post that a manager was invited to view. That is not a license to act on it. The protection against using the information in job decisions still applies. The EEOC rules also describe safe-harbor language employers can add to medical exam requests, telling health providers not to send genetic information. Employers that skip that language can end up with information they were never allowed to ask for.
Wellness Programs and Medical Exams
An employer may offer a health or genetic service as part of a voluntary wellness program, but the rules are narrow. Taking part must be truly voluntary, you must give prior knowing and written authorization, and the information may be shared with the employer only in a form that does not identify you. An employer may not reward you, or penalize you, for answering questions about family medical history. Medical questions tied to disability are also limited by the ADA; see our guide on employer medical questions and exams.
Other Narrow Exceptions
GINA allows limited exceptions, including genetic monitoring of toxic exposure on the job under strict conditions, information obtained to comply with leave laws such as the FMLA when an employee asks for time to care for a sick relative, and information that is publicly available. Even when an exception applies, the employer must still keep the information confidential and may not use it to treat you worse.
Filing a Charge
Like other federal job discrimination claims, a GINA claim is generally filed with the EEOC before a lawsuit. The usual deadline is 180 days from the act, extended to 300 days in many states. Our guides on filing with the EEOC first and discrimination claim deadlines explain the timing. Remedies can include back pay, reinstatement, compensatory damages and, in some cases, punitive damages, subject to federal caps. Health insurance is covered by a different part of GINA that is not enforced against employers by the EEOC.
What to Save
The request itself
Questionnaires, onboarding forms, emails or messages that ask for family medical history or genetic test results.
Wellness program terms
Enrollment pages, incentive descriptions and any notice about how your answers are used.
Timing
Dates showing when you shared the information and when the job decision followed.
Comments
Notes of anything a supervisor said about your health, your family or insurance costs, with who was present.
Job records
Reviews, pay records and schedules from before and after the information came out.
Our guides on disability discrimination under the ADA cover related protections if a condition affects how you work. State laws may add more protection than GINA, so the details of your situation matter.
Frequently Asked Questions
Can my employer ask about my family medical history?
Generally no. Family medical history is genetic information under GINA, and employers are barred from requesting it with narrow exceptions.
Does GINA cover small employers?
The federal employment rules apply to employers with 15 or more employees. Some state laws reach smaller employers.
Can a wellness program ask for my genetic information?
Only if taking part is truly voluntary, you authorize it in writing and the employer sees results only in a form that does not identify you. You cannot be rewarded for family history answers.
What if my employer learned about it by accident?
Learning it by chance is not itself a violation, but the employer still cannot use it against you and must keep it confidential.
Does GINA cover a fired employee who has no diagnosis?
Yes. A person can be protected because of a relative's condition or a risk shown by a genetic test, even with no symptoms.
How long do I have to file?
A charge is generally due within 180 days, or 300 days in many states, so have the dates reviewed early.
Primary Sources
- 42 U.S.C. 2000ff: Genetic Information Nondiscrimination Act definitionsAccessed November 12, 2026
- 42 U.S.C. 2000ff-1: Employer practicesAccessed November 12, 2026
- 29 CFR Part 1635: GINA regulationsAccessed November 12, 2026
- EEOC: Genetic Information DiscriminationAccessed November 12, 2026
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