The U.S. Equal Employment Opportunity Commission (EEOC) recently issued final regulations implementing the employment provisions (Title II) of the Genetic Information Nondiscrimination Act of 2008 (GINA). GINA prohibits use of genetic information to make decisions about health insurance and employment, and restricts the acquisition and disclosure of genetic information.

The regulations include clarifications and refinements made in response to comments received during the notice and comment period. Many Alliance members submitted comments regarding the ability to ask family history questions on health risk assessments (HRAs) or incentives to employees who complete HRAs that have family history questions.
The final GINA regulations clarify that employers may offer financial inducements for employees to complete a health risk assessment that includes questions about family medical history or other genetic information, as long as:

  • The assessment identifies the questions that request genetic information (including family history) and
  • The HRA tool makes clear, in language that is reasonably likely to be understood by those completing it, that those questions identified above are optional and the financial reward will be provided to employees regardless of whether they answer those questions.

Read more about the final regulations and find links to resources in our Fact Sheet on The Genetic Information Nondiscrimination Act.