North Carolina Genetic Information Discrimination Laws (GINA)

Quick Answer: The federal Genetic Information Nondiscrimination Act (GINA) protects North Carolina workers from genetic information discrimination at employers with 15+ employees. Employers cannot request, require, or use genetic information in employment decisions. File with EEOC within 180 days.

Federal GINA provides the primary genetic discrimination protection in NC.

North Carolina Genetic Information Protections

Federal GINA

Prohibits:

• Using genetic information in employment
• Requesting genetic tests
• Acquiring genetic information
• Discriminating based on family history

Coverage

GINA applies to:

• 15+ employee employers
• All employment decisions
• 180-day EEOC deadline

No Additional State Law

North Carolina:

• Relies on federal GINA
• No state genetic discrimination law
• Standard 180-day deadline

What's Genetic Information

Includes

Covered information:

• Your genetic tests
• Genetic tests of family members
• Family medical history
• Requests for genetic services
• Genetic information of fetus/embryo

Family Medical History

Specifically includes:

• Diseases in family
• Medical conditions of relatives
• Information suggesting genetic risk

What's NOT Covered

Does not include:

• Age
• Sex
• Race/ethnicity
• Current health status (covered by ADA)

What's Prohibited

Acquiring Information

Cannot:

• Request genetic tests
• Require genetic testing
• Acquire genetic information intentionally
• Search for genetic information

Using Information

Cannot:

• Use in hiring decisions
• Use in termination
• Use in promotions
• Use in job assignments

Disclosure

Cannot:

• Disclose genetic information
• Share with others
• Use against employee

Harassment

Cannot:

• Harass based on genetic information
• Create hostile environment
• Make offensive comments

Limited Exceptions

When Employer May Acquire

Narrow exceptions:

• Inadvertent acquisition (overheard)
• Voluntary wellness programs (with safeguards)
• FMLA certification
• Publicly available information
• Genetic monitoring programs (with consent)

Wellness Program Rules

If voluntary:

• Cannot require genetic information
• Must be truly voluntary
• Strict confidentiality
• Cannot affect employment

Filing Complaints

EEOC

File with EEOC:

• Phone: 1-800-669-4000
• Charlotte: 704-344-6682
• Raleigh: 919-856-4064
• Deadline: 180 days

Process

Steps:

1. File charge within 180 days
2. EEOC investigates
3. May mediate
4. Right to sue if needed

Common Scenarios

Scenario 1: Pre-Employment Genetic Test

Situation: Job offer contingent on genetic testing.

Analysis: Illegal under GINA. Cannot require genetic testing for employment.

Scenario 2: Family History Questions

Situation: Employer asks about family medical history.

Analysis: Generally prohibited. May be acquiring genetic information.

Scenario 3: Wellness Program

Situation: Employer wellness program requests genetic information.

Analysis: Must be truly voluntary with safeguards. Cannot affect employment.

Scenario 4: Overheard Information

Situation: Supervisor overheard you discussing family illness.

Analysis: Inadvertent acquisition may not violate GINA. But cannot use information.

Scenario 5: Fired After BRCA Test

Situation: Terminated after employer learned of cancer gene test.

Analysis: Clear GINA violation. Cannot use genetic information in decisions.

Relationship to Other Laws

ADA vs. GINA

Key difference:

• ADA: Current disabilities
• GINA: Genetic predisposition
• May overlap in some cases

Health Insurance

GINA also covers:

• Health insurance discrimination
• Cannot use genetic info for premiums
• Cannot deny coverage

Remedies Available

EEOC Relief

May obtain:

• Back pay
• Reinstatement
• Compensatory damages
• Policy changes

Court Damages

May recover:

• Back pay and front pay
• Compensatory damages
• Punitive damages (caps apply)
• Attorney's fees

Employer Requirements

Confidentiality

Must:

• Keep genetic information confidential
• Separate from personnel files
• Limit access
• Not disclose

Training

Should:

• Train managers
• Avoid requesting information
• Handle information properly

Frequently Asked Questions

Can my employer require genetic testing?

No. GINA prohibits employers from requiring genetic tests.

Can they ask about family medical history?

Generally no. Family history is protected genetic information.

What if my employer accidentally learned?

Inadvertent acquisition may not be violation, but they cannot use the information.

Does NC have additional protections?

No. NC relies on federal GINA only.

How long do I have to file?

180 days with EEOC.

Related Topics

• North Carolina Workplace Discrimination
• North Carolina Disability Discrimination
• Filing EEOC Complaint
• North Carolina Employment Law Hub

Take Action

If facing genetic information discrimination:

1. Document the request/disclosure
2. Confirm employer has 15+ employees
3. Note 180-day EEOC deadline
4. Preserve evidence
5. Consult employment attorney

Legal Disclaimer

This article provides general information about genetic information discrimination and is not legal advice. For specific advice, consult a licensed North Carolina employment attorney.

For official information:

• EEOC: https://www.eeoc.gov | 1-800-669-4000
• GINA resources: https://www.eeoc.gov/genetic-information-discrimination