Genetic and Medical History Discrimination in Nevada Workplaces (GINA Explained)

Most people understand that an employer cannot discriminate against an employee because of race, sex, religion, disability, or age.

Fewer people realize that federal law also places limits on what an employer can do with information about your genes and family medical history.

That protection comes primarily from the Genetic Information Nondiscrimination Act of 2008, commonly called GINA.

GINA can become relevant in situations that may seem ordinary at first. An employer might ask about a family history of cancer during a medical examination. A manager might learn that an employee has a genetic condition and then start treating that employee differently. An employer might become concerned that an employee could eventually develop a serious disease because of information about the employee’s family.

Those situations can raise legal issues.

The basic idea behind GINA is straightforward: an employer generally should not use genetic information to make employment decisions. The EEOC explains that genetic information is not relevant to whether someone is currently capable of performing their job.

For Nevada employees, understanding what counts as genetic information and what GINA actually prohibits can help you recognize when a workplace problem may be more than an uncomfortable conversation.

Key Takeaways

• The Genetic Information Nondiscrimination Act (GINA) protects employees and applicants from certain discrimination involving genetic information.
• Genetic information can include family medical history, genetic test results, and information about genetic counseling or genetic services.
• Employers generally cannot use genetic information when making decisions about hiring, firing, compensation, promotions, job assignments, or other terms of employment.
• GINA generally also prohibits employers from requesting, requiring, or purchasing genetic information, subject to narrow exceptions.
• An employer generally cannot ask about family medical history as part of an employment-related medical examination.
• GINA also protects employees from harassment and retaliation based on genetic information.
• A person’s own current medical condition is not automatically “genetic information” under GINA, although other laws such as the ADA may provide protection against disability discrimination.
• Nevada employees generally have 300 days to file an applicable discrimination charge with the EEOC in Nevada, making prompt action important.

What Is Genetic Information Under GINA?

“Genetic information” is broader than many people realize.

Under GINA, it can include information about:

• Your genetic tests
• Genetic tests of your family members
• The manifestation of a disease or medical condition in family members
• Genetic counseling received by you or a family member
• Participation in certain genetic research
• Family medical history

In practical terms, your family’s medical history can be protected genetic information even when you have never had genetic testing yourself.

For example, imagine that an employee tells a supervisor that the employee’s mother and sister both had breast cancer.

That information may fall within GINA’s definition of genetic information.

The fact that the employee’s relatives have a particular disease does not tell the employer whether the employee can perform the job. GINA is designed, in part, to prevent employers from making assumptions about an employee’s future health based on that kind of information.

What Does GINA Actually Prohibit?

GINA’s employment protections cover more than simply firing someone because of genetic information.

The law prohibits covered employers from using genetic information in employment decisions involving matters such as:

• Hiring
• Firing
• Compensation
• Promotion
• Job assignments
• Training
• Layoffs
• Benefits
• Other terms and conditions of employment

The EEOC states that employers may not use genetic information as a basis for employment decisions.

Consider this example.

An employer learns that an employee has a strong family history of heart disease. The employer then decides the employee should be moved to a less demanding position because it believes the employee may eventually develop heart problems.

That could create a GINA issue.

The employer may believe it is “protecting” the employee, but the law does not generally allow an employer to make employment decisions based on genetic information.

Can an Employer Ask About Your Family Medical History?

Generally, no.

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

That includes family medical history.

This can be particularly important during employment-related medical examinations.

For example, an employer may require a medical examination after making a job offer when permitted by applicable law. But that does not generally give the employer permission to ask the applicant about whether their parents, siblings, or children have specific diseases.

The EEOC specifically explains that an employer’s doctor should not ask an applicant or employee about family medical history during an employment-related medical examination.

There are narrow exceptions to GINA’s restriction on acquiring genetic information, so the answer is not an absolute prohibition in every possible circumstance.

What If an Employer Asks About Your Family’s Health?

Suppose a supervisor casually asks:

“Does cancer run in your family?”

The question itself may be concerning, but the legal analysis depends on the circumstances.

GINA generally restricts employers from requesting genetic information, but the law recognizes certain situations in which information can be acquired without violating the statute.

For example, genetic information acquired inadvertently can fall within an exception. There are also specific exceptions involving voluntary wellness programs, certain leave certifications, publicly available information, genetic monitoring in limited circumstances, and certain forensic DNA testing.

That is why employees should not assume that every accidental disclosure automatically means the employer violated GINA.

The more important question is how the information was obtained, why it was obtained, and what the employer did with it afterward.

Can an Employer Use Genetic Information Against You?

Generally, no.

GINA prohibits the use of genetic information in employment decisions.

Imagine that an employee’s genetic test reveals an increased risk of developing a particular disease later in life.

The employee is currently healthy and fully capable of performing the job.

The employer learns about the test and decides not to promote the employee because it is worried about future medical costs or potential absences.

That type of decision can raise a serious GINA issue.

The EEOC specifically explains that an employer may not use genetic information to make employment decisions because the possibility that someone could develop a disease in the future does not establish their current ability to perform the job.

Is Your Own Medical Condition Covered by GINA?

This is an important distinction.

Not every medical condition is genetic information under GINA.

The EEOC explains that information about an individual’s current health status is not necessarily protected genetic information unless it falls within GINA’s definition. The same situation may, however, involve disability discrimination protections under the Americans with Disabilities Act (ADA).

For example, suppose an employee has diabetes.

The employee’s own diagnosis is not automatically genetic information simply because diabetes can have genetic risk factors.

However, if the employer learns that the employee has a disability and treats the employee differently because of that disability, the ADA or applicable Nevada law may become relevant.

This distinction matters because GINA and disability-discrimination laws protect different things.

What About Family Medical History?

Family medical history is one of the most important parts of GINA.

Suppose an employee’s father has Huntington’s disease and the employee tells a supervisor about it.

The employee has not been diagnosed with Huntington’s disease.

The employer nevertheless begins worrying that the employee might eventually develop the condition and decides not to place the employee in a leadership position.

The employer’s concern about the employee’s potential future health could create a genetic-information discrimination issue.

GINA specifically includes information about diseases, disorders, or conditions affecting family members within the definition of genetic information.

This is why employees should not assume that information about relatives is outside the scope of employment protections.

Can Genetic Testing Affect Your Job?

An employer generally cannot use your genetic test results to make employment decisions.

For example, imagine that you take a genetic test outside of work and discover that you have an elevated risk for developing a particular disease later in life. You mention the result to someone at work, and your employer later removes you from a promotion opportunity because it believes you may eventually become ill.

That raises a very different issue from an ordinary performance decision.

GINA prohibits covered employers from using genetic information when making employment decisions. The protection applies to applicants, current employees, and certain other workers covered by the statute.

An employer generally cannot decide that someone is a less desirable employee simply because of a genetic predisposition.

What Happens to Genetic Information in Your Medical File?

GINA also contains confidentiality protections.

If an employer possesses genetic information about an employee, that information generally must be treated as a confidential medical record and kept separately from ordinary personnel records.

That matters because genetic information can be extremely sensitive.

For example, an employee may have provided family medical history during a lawful medical or wellness process. That information should not simply end up in a manager’s ordinary personnel file where supervisors can use it when making employment decisions.

The EEOC identifies limited circumstances in which genetic information may be disclosed, including certain employee requests, qualifying research, court orders, and government investigations.

What If a Supervisor Accidentally Learns Your Family Medical History?

Not every acquisition of genetic information automatically violates GINA.

There is an important exception for information obtained inadvertently.

For example, an employee might casually tell a manager:

“My father has Alzheimer’s disease.”

The manager did not ask the employee for that information.

The EEOC recognizes inadvertent acquisition as one of the narrow exceptions to GINA’s general prohibition on obtaining genetic information.

That does not mean the employer can then use the information to discriminate against the employee.

The distinction is important:

How the employer obtained the information and what the employer did with it afterward are separate questions.

Can a Workplace Wellness Program Ask About Your Health?

This is an area where GINA becomes more complicated.

Some employers offer voluntary wellness programs that include health risk assessments, screenings, or other health-related services.

GINA contains a limited exception allowing certain genetic information to be acquired when employees voluntarily participate in employer-sponsored health or genetic services, including certain wellness programs, provided the applicable requirements are satisfied.

That does not give an employer unlimited access to genetic information.

The program must comply with applicable requirements concerning voluntariness, confidentiality, authorization, and use of the information.

The EEOC also explains that information collected through qualifying wellness programs must be protected and generally may only be provided to the employer in aggregate form under the applicable GINA rules.

What If You Refuse to Provide Genetic Information?

An employee should not assume that refusing to disclose genetic information gives an employer unlimited grounds to take adverse action.

GINA places restrictions on employers’ ability to request, require, or purchase genetic information, subject to narrow exceptions.

The details matter, particularly when a request comes through:

• A wellness program
• An employment medical examination
• A health questionnaire
• A leave or accommodation process
• A third-party medical provider

If you are uncomfortable with a request for family medical history or genetic information, preserve the request and any explanation provided by the employer.

Genetic Information Harassment Is Also Prohibited

GINA is not limited to hiring and firing decisions.

The EEOC explains that harassment based on genetic information is also prohibited.

For example, imagine coworkers repeatedly make jokes about an employee because a parent has Huntington’s disease.

Or a supervisor repeatedly tells an employee:

“With your family history, you probably will not be here long anyway.”

Those comments may raise concerns under GINA depending on the circumstances and severity of the conduct.

As with other workplace harassment claims, the specific facts matter.

Can an Employer Retaliate Over a GINA Complaint?

No.

GINA also contains anti-retaliation protections.

An employer generally cannot fire, demote, harass, or otherwise retaliate against an employee because the employee:

• Filed a GINA discrimination charge
• Participated in a GINA investigation
• Participated in a GINA lawsuit or proceeding
• Opposed conduct they reasonably believed violated GINA

The EEOC specifically identifies retaliation as prohibited conduct under GINA.

For example, suppose an employee tells HR:

“I believe my supervisor is using my family’s medical history when deciding my assignments.”

If the employee is subsequently disciplined because they made that complaint, the timing and circumstances may need to be examined for potential retaliation.

What Should You Do If You Suspect Genetic Discrimination?

Start by preserving the evidence.

You do not need to prove the entire case yourself before seeking legal advice.

Keep copies of:

• Emails requesting genetic information
• Medical questionnaires provided by the employer
• Wellness-program documents
• Written employment decisions
• Performance reviews
• Messages from supervisors
• HR communications
• Promotion or hiring decisions
• Disciplinary notices
• Notes concerning conversations about family medical history
• Evidence showing when the employer learned about the information

If the information was provided through a medical provider or wellness program, keep the paperwork explaining why the information was requested and how the program was supposed to handle it.

The timeline can be particularly important.

For example:

Genetic information disclosed → employer learns about it → promotion denied → employee complains → employee disciplined

A sequence like that does not automatically prove discrimination, but it gives an attorney important facts to investigate.

Filing a GINA Complaint in Nevada

GINA is a federal employment law enforced by the EEOC.

An employee who believes their rights under GINA were violated can generally file a charge with the EEOC within 180 days of the alleged violation. That period can extend to 300 days when a state or local agency enforces a law prohibiting employment discrimination based on the acquisition or use of genetic information or genetic testing.

Because filing deadlines can be fact-specific, Nevada employees should not simply assume that they have 300 days.

If you believe an employer has violated GINA, consider addressing the issue promptly rather than waiting until the deadline is approaching.

GINA May Not Be the Only Law That Applies

One workplace situation can involve more than one employment law.

For example, an employee might experience:

• Genetic-information discrimination
• Disability discrimination
• Failure to accommodate
• Retaliation
• Harassment
• Improper disclosure of medical information

GINA focuses specifically on genetic information.

The ADA, Nevada anti-discrimination laws, and other employment protections may apply to different aspects of the same situation.

That is why the analysis should not stop after asking, “Is this a GINA violation?”

The better question is:

“What laws may protect me based on everything that happened?”

About Attorney Milan Chatterjee

This article was prepared by Milan Chatterjee, a Nevada and California licensed attorney and founder of Best Employment Attorney, the dedicated employment law practice of Milan Legal.

Milan represents employees and employers throughout Las Vegas, Reno, and across Nevada in workplace disputes involving employment discrimination, genetic-information discrimination, retaliation, wrongful termination, wage and hour claims, employment agreements, employee rights, and compliance with Nevada and federal employment laws.

He earned his Juris Doctor from UCLA School of Law and also studied at New York University School of Law as a visiting student. Before entering private practice, Milan served as Associate Compliance Counsel at Las Vegas Sands Corporation, where he advised on employment policies, regulatory compliance, internal investigations, corporate governance, and enterprise risk management.

Today, Milan combines that corporate legal experience with a focused employment law practice, helping employees understand and protect their workplace rights while advising employers on employment-law compliance throughout Nevada.

Questions About Genetic or Medical History Discrimination?

If you believe your employer has improperly requested, used, disclosed, or acted against you because of genetic information or family medical history, schedule a confidential consultation to discuss your situation.

Frequently Asked Questions

Conclusion

GINA provides an important but often misunderstood layer of workplace protection.

The law generally prevents covered employers from using genetic information to make employment decisions and restricts employers from requesting, requiring, or purchasing genetic information except in limited circumstances. It also protects genetic information through confidentiality requirements and prohibits retaliation for exercising rights protected by GINA.

Family medical history can be part of that protection.

At the same time, GINA does not cover every medical issue an employee may experience. An employee’s own medical condition may instead raise questions under the ADA or Nevada disability-discrimination law.

If your employer asked about your family’s medical history, obtained genetic information, treated you differently after learning about a genetic risk, or retaliated after you objected, document what happened and consider getting the situation reviewed.

The details matter, and the applicable filing deadline can be shorter than you expect.