GINA - Genetic Information Nondiscrimination Act

2. Would learning about an employee's father's medical history through a medical certification form the employee submits for leave under the federal Family and Medical Leave Act to care for him be considered a prohibited acquisition of genetic information?

No.  Under GINA, family medical history may be requested or required for an employee to take time off under federal or state family and medical leave laws. 

Other exceptions to the acquisition of genetic information include information obtained:

• via an inadvertent disclosure;
• through a commercially or publicly purchased document;
• as part of a bona fide employer-sponsored wellness program;
• for the genetic monitoring of biological effects of toxic substances in the workplace; and
• for law enforcement purposes.
  

 

Back To FAQs