EEOC warns pre-employment health questionnaires may violate GINA

The Equal Employment Opportunity Commission recently reminded employers that pre-employment health questionnaires may violate the Genetic Information Nondiscrimination Act (GINA) if they directly or indirectly request genetic information, including family medical history.

GINA generally prohibits employers from requesting, requiring or purchasing genetic information about applicants or employees, with limited exceptions.

Genetic information includes not only the results of genetic tests, but also family medical history and information about diseases or disorders affecting family members.

Pre-offer medical questions

The EEOC’s warning followed enforcement activity involving an employer that allegedly required applicants to complete health questionnaires before extending job offers.

According to the agency, questionnaires that ask about hereditary conditions, family illnesses or related medical history may improperly solicit genetic information, even if employers do not intend to violate the law.

The agency emphasized that questions about whether conditions “run in the family” or whether close relatives have experienced certain illnesses can trigger GINA concerns.

GINA restrictions extend beyond intentional misconduct

Employers may violate GINA even where prohibited information is collected unintentionally or through broadly worded intake forms.

That creates particular risk during hiring, onboarding, fitness-for-duty evaluations and medical leave administration, where forms or third-party vendors may include overbroad health questions.

The law operates separately from the Americans with Disabilities Act, meaning compliance with one statute does not necessarily ensure compliance with the other.

Assess questionnaires

The EEOC’s reminder highlights the importance of reviewing pre-employment questionnaires, medical intake forms and vendor-administered screening materials.

Employers should ensure that hiring materials do not request family medical history or other genetic information unless a narrow legal exception applies.

Careful review of standardized forms and third-party screening practices can help reduce compliance risk in an area where violations often stem from poorly drafted questions rather than intentional discrimination.