🇺🇸Genetic Information Nondiscrimination Act

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Genetic Information Nondiscrimination Act

Genetic Information Nondiscrimination Act

Genetic Information Nondiscrimination Act is part of the United States sectoral privacy framework. It should be applied to the covered actor, record, communication, service or practice identified by the statute rather than treated as a general law for all personal data.

Current official version

Effective status: Enacted May 21, 2008; principal employment provisions effective November 21, 2009

Citation: Pub. L. 110-233; 42 U.S.C. ss. 2000ff et seq.; 29 C.F.R. Part 1635

Source basis: Current 42 U.S.C. sections 2000ff et seq., current 29 C.F.R. Part 1635 and official EEOC guidance.

Scope

GINA Title I restricts use of genetic information in health coverage, and Title II prohibits employment discrimination based on genetic information for covered employers, employment agencies, labor organisations and training programs. Genetic information includes family medical history and specified genetic services and tests.

Operational obligations

Covered employers must not request, require or purchase genetic information except under a narrow exception; must keep any lawfully acquired genetic information confidential and separate; must limit disclosure; and must not use it in employment decisions. Health plans and issuers must comply with underwriting and premium restrictions.

Maintain an evidence-based applicability decision, identify the systems and records within scope, assign owners, configure access and disclosure controls, document legal bases and exceptions, train relevant staff and retain the records needed to demonstrate compliance.

Important boundary

Wellness programs, medical questionnaires, leave certification, occupational health and casual acquisition can create GINA risk. Requests should use the current EEOC safe-harbor warning where appropriate and collect no more information than the applicable exception permits.

Enforcement

The Equal Employment Opportunity Commission enforces Title II using the Title VII remedial framework. Federal health agencies enforce Title I provisions within their respective jurisdictions.

What this means for you

Map this law to specific products, records, communications and teams. Verify current statutory and regulatory text before relying on an exception, consent, permissible purpose or enforcement assumption.

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