The Genetic Information Nondiscrimination Act (GINA) may not get as much attention as the ADA or Title VII, but it’s an important workplace law every employer should know. Passed in 2008, GINA makes it illegal for employers to use genetic information when making employment decisions.
As genetic testing becomes more common for health, ancestry, or medical reasons, this law ensures that employees aren’t treated unfairly because of what their DNA might predict about future health conditions.
What GINA covers
GINA prohibits discrimination in all aspects of employment—hiring, firing, promotions, pay, and job assignments—based on:
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An employee’s genetic tests
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The genetic tests of an employee’s family members
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Family medical history that could indicate a predisposition to certain conditions
GINA also makes it illegal for employers to request, require, or purchase genetic information about employees or applicants, except in very limited circumstances.
Who enforces GINA
The Equal Employment Opportunity Commission (EEOC) enforces GINA. Employees who believe their rights were violated can file a charge, and the EEOC may investigate or take legal action.
Why GINA matters
Genetic information is deeply personal, and misuse could lead to serious discrimination. For example, an employer can’t refuse to hire someone because a genetic test suggests they may develop a costly medical condition later in life. GINA ensures employment decisions are based on ability, not DNA.
Common mistakes employers make
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Asking medical history questions during hiring that stray into family health issues
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Wellness programs that improperly request genetic or family medical information
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Inadvertent collection of genetic information when handling medical certifications for leave or accommodations
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Sharing genetic information improperly if it is collected (GINA requires confidentiality)
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Retaliating against employees who assert rights under GINA
Penalties for violations
Violating GINA can result in:
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Compensatory and punitive damages
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Back pay and reinstatement
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Court orders requiring policy changes
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Attorney’s fees and costs
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Reputational harm for mishandling sensitive information
How to stay compliant
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Train HR and managers – Make sure no one asks for or uses genetic information in hiring or employment decisions.
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Review wellness programs – Ensure they comply with GINA’s restrictions.
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Keep medical records separate – If genetic info is received, it must be stored confidentially.
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Update policies – Handbooks should clearly state that genetic information will not be used.
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Document compliance efforts – Keep records showing that employment decisions are based on performance, not health history.
How Kubera HR Solutions can help
At Kubera HR Solutions, we help businesses review policies, train supervisors, and audit HR practices to ensure compliance with GINA and other workplace discrimination laws. Our goal is to protect your business from liability while creating a workplace that respects employee privacy and fairness.
GINA may not be as well-known as other laws, but its protections are critical in today’s world of genetic testing and medical advances. Staying compliant keeps your business safe and shows employees you value their privacy and dignity.