GINA limits how genetic information can be used.
The Genetic Information Nondiscrimination Act limits how group health plans and employers can request and use genetic information.
The Basics for Employers.
A plain-English summary. This is general information, not legal advice, and the rules change, so check the current text.
Health Plans
Group health plans cannot use genetic information to set eligibility or premiums.
Employment
Employers cannot use genetic information in hiring, firing or promotion decisions.
Wellness Programs
A wellness program can ask for genetic information only with voluntary, written authorization and limited use of the results.
How it plays out.
GINA has two parts that matter for benefits. Title II bars employers from using genetic information in employment decisions and from requesting it, with narrow exceptions. Title I limits how group health plans and carriers can use genetic information in coverage and pricing.
Genetic information includes genetic tests of the employee and family members, and family medical history. A wellness program that asks about family history, for example, can touch GINA even if it does not look like a genetic test.
The usual risk is a health risk assessment or wellness questionnaire. If it asks about family history or genetic tests, the program has to follow GINA’s rules on voluntary authorization and on incentives.
Where This Shows Up in Your Plan.
Caregiver Support, Sick Time and Paid Leave: Benefits That Work With Your Health Plan
How leave and sick-time policies fit alongside your health plan.
Employer Benefits Guides: Eligibility, Plan Design, Life Events and Rules
Eligibility, plan design and life-event rules in one place.
Reviewing programs.
Read the Questionnaire
Look for family history or genetic test questions.
Check Incentives
Confirm incentives for those questions follow the rules.
Get Written Authorization
Where required, get written voluntary consent.
Separate the Data
Store the information apart from personnel files.
Mistakes to avoid.
Family History Questions
These count as genetic information.
Incentives for Answering
Incentives tied to genetic information are limited.
Broad Surveys
Generic surveys can contain genetic questions.
Other Rules Employers Work With.
Title VII of the Civil Rights Act
42 U.S.C. 2000e
Elliott-Larsen Civil Rights Act
MCL 37.2101
Michigan Earned Sick Time Act
MCL 408.961
Laws and Rules Referenced
Genetic Information Nondiscrimination Act (42 U.S.C. Chapter 21F) — The statute or rule text from its official or public source.
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