GINA prohibits employers from discriminating against employees or job applicants based on their genetic information, including family medical history. While GINA clearly bans the use of genetic data in hiring decisions, the law is less clear around how it applies to employer wellness programs and health risk assessments. Under GINA, employers can only require employees to undergo medical exams or health assessments if participation is truly voluntary.

1. GINA
Violations
When you think about health
information privacy, a variety of
acronyms probably come to mind:
HIPAA
ADA
FMLA
even
Many employers don’t
consider a recent entry
into the field, GINA.
Genetic
Information
Nondiscrimination
Act
GINA Title II
prohibits
discrimination
against
employees or
applicants based
on genetic
information,
including family
medical history.
The application of
these rules is clear in
the pre-employment
context. It is less clear
regarding wellness
programs and
commonly-used health
risk assessments.
The general
rule is that
these
assessments
are
permissible
only if they are
voluntary.
copyright 2014