Don’t Inherit a Hiring Problem

Family medical history requests trigger GINA liability.

The U.S. Equal Employment Opportunity Commission (EEOC) recently sued Dana Sealing Manufacturing, LLC, alleging that the company violated the Genetic Information Nondiscrimination Act (GINA) by asking job applicants to disclose family medical history as part of its pre-employment physical examination process. GINA generally prohibits employers from requesting, requiring, or purchasing genetic information about applicants or employees, which includes family medical history. According to the EEOC, applicants were asked whether parents, siblings, grandparents, and other family members had certain medical conditions, including cancer, diabetes, epilepsy, asthma, tuberculosis, or mental illness.

The takeaway for employers is straightforward: Even well-intentioned medical questionnaires, post-offer physicals, or third-party clinic forms can create liability if they request genetic information.

If your organization uses pre-employment medical exams, health questionnaires, or wellness forms, now is a good time to review those materials for compliance.

Please contact us today at 248.477.6300 if you have questions about your hiring practices or need assistance reviewing your forms or procedures.