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Family Medical History Queries Violate GINA

December 24, 2015

Via: SHRM
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The U.S. Equal Employment Opportunity Commission (EEOC) charged Joy Underground Mining LLC based in Pittsburgh with violating federal law for allegedly requiring applicants to provide a family medical history during the hiring process.

The EEOC is suing the company for improperly enquiring into applicants’ family medical histories for cancer, diabetes, epilepsy, heart disease and tuberculosis during a post-offer medical examination, in violation of the Genetic Information Nondiscrimination Act (GINA).

For employers with more than 15 employees, GINA protects individuals against employment discrimination on the basis of genetic information, including family medical history. GINA also prohibits employers from requesting, requiring or purchasing genetic information about applicants or employees, except in very narrow circumstances.

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