GINA

GINA prohibits discrimination based on genetic information in employment (Title II) and in health insurance (Title I). For employers, it goes further than banning discriminatory decisions: it restricts when an employer may even request, require or buy genetic information, and it requires such information to be kept confidential.

Genetic information is broader than DNA test results. It includes family medical history, which is why routine forms and wellness programs are a common source of GINA problems.

• Employers with 15 or more employees, employment agencies, labor organizations and joint labor-management training programs (Title II).
• Group health plans and health insurers (Title I), enforced by the Departments of Labor, Health and Human Services and the Treasury.
• Genetic information includes an individual's genetic tests, the genetic tests of family members, family medical history, and requests for or receipt of genetic services.

Employees and applicants can file a charge with the EEOC if they believe genetic information was requested, used or disclosed unlawfully, and are protected from retaliation for doing so.

Title II uses the same remedies as Title VII: back pay, reinstatement, and compensatory and punitive damages subject to caps based on employer size, plus attorneys' fees. The EEOC investigates charges and brings suits, including over wellness programs and pre-employment medical exams that ask for family history.

1. Remove family medical history from applications, post-offer exams and fitness-for-duty forms.
2. Add the safe harbor warning to lawful requests for medical information, telling providers not to supply genetic information.
3. Review wellness programs so any genetic information is voluntary and kept apart from employment decisions.
4. Store genetic information separately from personnel files, with the confidentiality of medical records.
5. Train managers: overheard or social media information about a relative's illness must not influence decisions.