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Genetic Information at Work: Your Rights Under GINA

Your DNA and your family's medical history are not your employer's business, and the law makes that clear. The Genetic Information Nondiscrimination Act, known as GINA, prohibits employers from using genetic information in employment decisions and limits how they can even obtain it. As genetic testing spreads through health programs and wellness plans, this protection has grown more important.

What genetic information means

GINA covers more than the results of a DNA test. It includes your family medical history, information about genetic tests you or family members have taken, and the manifestation of a disease in your relatives. Employers are not allowed to make hiring, firing, pay, or promotion decisions based on any of it.

What employers cannot do

Use genetic information to refuse to hire, fire, or limit your opportunities
Request, require, or purchase your genetic information
Harass you based on genetic information
Retaliate against you for asserting your rights under GINA

Limited exceptions

There are narrow situations where an employer may come into contact with genetic information, such as a voluntary wellness program with proper consent, or family medical history gathered in the course of providing FMLA leave. Even then, the information has to be kept confidential and stored separately from your regular personnel file.

How GINA connects to other laws

Discrimination based on a current disability falls under the ADA and the NJLAD, while discrimination based on genetic predisposition falls under GINA. The two can overlap when an employer acts on assumptions about future health. Both protect you from being judged on what an employer fears you might develop.

If you suspect a violation

If an employer asked about your family medical history or a genetic test and then treated you differently, document it. These cases turn on what the employer knew and when, so a clear record helps. Speak with an attorney to evaluate the claim.

At John J. Zidziunas & Associates, LLC, our employment lawyers represent employees in New Jersey and throughout the New York City area. To talk through your situation with an attorney, call (212) 516-1868 or reach out to us for a free, confidential consultation. We work on a contingency fee basis, so you pay nothing unless we recover for you.

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