Genetic Information and Family Medical History at Work
GINA may limit how covered employers request, use, or disclose genetic information such as family medical history.
Family Medical History Can Be Protected Genetic Information
Title II of the Genetic Information Nondiscrimination Act, or GINA, generally bars covered employers from using genetic information to make employment decisions. Genetic information includes an individual's genetic tests, a family member's genetic tests, family medical history, and certain requests for or receipt of genetic services. Federal employer coverage commonly begins at 15 employees, while other entities and state laws may follow different rules.
Employers Usually Cannot Ask for Genetic Information
GINA generally restricts covered employers from requesting, requiring, or purchasing genetic information about applicants, employees, or their family members. EEOC materials specifically explain that an employment-related medical exam should not require family medical history. The wording, timing, source, and purpose of a request can matter, so preserve the complete form or message instead of only the question that raised concern.
Narrow Acquisition Exceptions Do Not Permit Discrimination
The rules recognize narrow situations in which genetic information may be acquired, including inadvertent receipt, qualifying voluntary health or genetic services, certain family-care leave certifications, limited public-source circumstances, genetic monitoring under defined conditions, and specified forensic work. An exception that permits acquisition does not create permission to use genetic information when deciding hiring, firing, pay, assignments, promotion, or other employment terms.
Confidentiality and Retaliation Can Be Separate Issues
Covered entities generally must keep genetic information confidential and separate from ordinary personnel records, subject to limited disclosure exceptions. GINA also prohibits retaliation for opposing genetic-information discrimination or participating in a discrimination proceeding. Save evidence of who received the information, where it appeared, any complaint made, and changes in duties, schedule, pay, discipline, or employment that followed.
Current Medical Conditions May Raise Different Rights
GINA focuses on genetic information and family medical history rather than a worker's current ability to perform a job. A worker's own diagnosed condition, medical restrictions, leave needs, or accommodation request may instead raise ADA, FMLA, or state-law questions. Keeping the current-condition records separate from family-history or genetic-testing records can help an employment lawyer identify which rules and deadlines may apply.
Records to Preserve
Keep job applications, health questionnaires, post-offer or fitness-for-duty forms, wellness-program materials, accommodation and leave paperwork, emails, texts, policy excerpts, notes of verbal questions, names of witnesses, complaint records, and any explanation for an employment decision. Do not take privileged, confidential, or proprietary records that you are not entitled to keep.
When to Get a Free Consult
Get a free consult if a workplace form requested family medical history or genetic-test information, genetic information was shared beyond a confidential medical process, or a complaint was followed by discipline, lost opportunities, reduced hours, or job loss. This is general information, not legal advice; rights depend on employer coverage, what was requested or received, how the information was used, timing, records, and applicable state law.
Primary Sources
- EEOC: Genetic Information DiscriminationAccessed September 2, 2026
- EEOC: Genetic Information Nondiscrimination Act Fact SheetAccessed September 2, 2026
- eCFR: 29 CFR Part 1635 GINA Employment RegulationsAccessed September 2, 2026
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