Federal Law

GINA

Genetic Information Nondiscrimination Act - Title II

42 U.S.C. §§ 2000ff – 2000ff-11

Employer Size

15+

Filing Deadline

180 days

Extended Deadline

300 days

Filing Agency

Equal Employment Opportunity Commission

Overview

Title II of the Genetic Information Nondiscrimination Act (GINA) prohibits employers from using genetic information in making employment decisions, restricts employers from requesting, requiring, or purchasing genetic information, and strictly limits the disclosure of genetic information. Genetic information includes information about an individual's genetic tests, the genetic tests of family members, the manifestation of a disease or disorder in family members (family medical history), and requests for or receipt of genetic services. GINA was enacted to address concerns that advances in genetics could lead to discrimination against individuals based on their genetic predispositions to certain diseases.

Key Provisions

  • Prohibits use of genetic information in employment decisions including hiring, firing, and promotion
  • Restricts employer acquisition of genetic information with narrow exceptions (e.g., inadvertent acquisition)
  • Requires that any genetic information acquired inadvertently be kept confidential and in a separate medical file
  • Prohibits retaliation against employees who oppose practices made unlawful by GINA or participate in proceedings
  • Prohibits harassment based on genetic information

Available Remedies

Back payCompensatory damagesPunitive damages (same caps as Title VII)Attorney fees and court costsInjunctive relief

Filing Information

Deadline

180 days from the discriminatory act (300 days in deferral states)

Agency

Equal Employment Opportunity Commission (EEOC)

Eligibility Notes

  • •Employer must have 15 or more employees
  • •Genetic information includes genetic tests of employee and family members, and family medical history
  • •Applies to employment agencies, labor organizations, and joint labor-management training programs as well
  • •GINA's protections are anticipatory - they apply even if no adverse action has been taken

Covers These Situations

discriminationretaliationwrongful termination

Protected Characteristics

genetic informationfamily medical history

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This information is provided for educational purposes only and does not constitute legal advice. Laws and regulations are subject to change. Consult a qualified employment attorney for advice about your specific situation. Last reviewed: February 2025.