Genetic Information Nondiscrimination Act of 2008
GINA
Genetic · Employees · Health
GINA bars health insurers and employers from using genetic information, including family medical history, to make coverage or employment decisions. Employers generally may not request, require, or buy genetic information, and must keep any they hold confidential in separate medical files.
- Where
- Federal
- Citation
- Pub. L. 110-233; 42 U.S.C. 2000ff-2000ff-11 (Title II); 42 U.S.C. 300gg-53, 29 U.S.C. 1182 and related provisions (Title I); 29 CFR Part 1635
- Status
- In force
- In force since
- 2009-05-22
- Last amended
- 2019-01-01
- Enforced by
- Equal Employment Opportunity Commission (Title II); Departments of Labor, HHS, and Treasury (Title I)
- People can sue
- Yes
- Penalties
- Title II uses Title VII remedies (back pay, compensatory and punitive damages subject to caps, fees) after an EEOC charge; Title I violations carry ERISA, PHSA, and tax-code penalties.
- Applies to
- Employers with 15 or more employees, employment agencies, labor organizations, and joint labor-management training programs (Title II)
- Group health plans and health insurers (Title I)
Practices it requires
- Employers may not discriminate in hiring, firing, pay, or terms of employment because of genetic information.42 U.S.C. 2000ff-1(a)
- Employers may not request, require, or purchase genetic information about an employee or family member, except in narrow cases.42 U.S.C. 2000ff-1(b); 29 CFR 1635.8
- Do not disclose genetic information except as permitted (e.g., to the employee, for research, by court order).42 U.S.C. 2000ff-5(b)
- Health insurers and plans may not adjust premiums or require genetic testing based on genetic information.42 U.S.C. 300gg-53
Security duties
- Keep genetic information on separate forms and in separate medical files, treated as a confidential medical record.42 U.S.C. 2000ff-5(a); 29 CFR 1635.9
Sources
- Official text
- 42 U.S.C. 2000ff-1 (OLRC)
- 42 U.S.C. 2000ff-5 (OLRC)
- 42 U.S.C. 300gg-53 (OLRC)
- 29 CFR Part 1635 (eCFR)
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Unverified: effective_date uses Title I (plan years beginning one year after May 21, 2008); Title II took effect Nov. 21, 2009 (18 months after enactment) | last_amended is the latest eCFR version date for 29 CFR Part 1635 (content not reviewed); the statute itself shows no amendments | Title VII remedy details and 2000ff-5(b) exceptions were not re-read
Research reference, not legal advice.