EEOC Warns Pre-Offer Health Forms May Breach GINA, Which Bars Requests for Family Medical History
Updated
Updated · New England Biz Law Update · Jul 1
EEOC Warns Pre-Offer Health Forms May Breach GINA, Which Bars Requests for Family Medical History
2 articles · Updated · New England Biz Law Update · Jul 1
Summary
Pre-offer health questionnaires can violate the Genetic Information Nondiscrimination Act if they ask directly or indirectly for genetic information, the EEOC said.
The warning followed enforcement activity involving an employer that allegedly required applicants to complete health questionnaires before making job offers.
Family medical history counts as genetic information under GINA, so questions about hereditary conditions, illnesses that “run in the family,” or relatives’ disorders can trigger liability even if asked unintentionally.
Hiring, onboarding, fitness-for-duty and leave forms carry particular risk, especially when third-party vendors use broad templates; ADA compliance alone does not satisfy GINA.
The agency’s message points employers toward reviewing standardized questionnaires and screening materials for any request for family medical history unless a narrow legal exception applies.