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What is genetic discrimination?
Reviewed by Medicinsk Expert•Last updated: 2026-10-22•Testing

What is genetic discrimination?

Genetic discrimination occurs when individuals are treated unfairly by employers or insurance companies based on their genetic information, though federal laws provide specific protections.

Understanding Genetic Discrimination

Genetic discrimination happens when an employer or insurance company treats a person differently because they have a gene mutation that causes or increases the risk of an inherited disorder. Fear of this discrimination is a common concern for those considering genetic testing.

Legal Protections: The GINA Act

In the United States, the Genetic Information Nondiscrimination Act (GINA) is a federal law designed to protect individuals from this form of discrimination. It is divided into two primary sections:

  • Title I (Health Insurance): Prohibits health insurance providers from using or requiring genetic information to make decisions regarding a person’s insurance eligibility or coverage. This became effective on May 21, 2009.
  • Title II (Employment): Prohibits employers from using a person's genetic information when making decisions about hiring, promotion, and other terms of employment. This became effective on November 21, 2009.

Limitations of GINA

It is important to note that GINA and other existing laws do not provide protection in every circumstance. For example:

  • GINA does not apply to employers with fewer than 15 employees.
  • GINA does not protect against genetic discrimination in forms of insurance other than health insurance, such as disability, life, or long-term care insurance.

Frequently Asked Questions

Request a copy of the company’s written policy on genetic information. Employers must not request or use genetic test results for hiring, promotion, or other employment decisions. If you suspect a violation, you can file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC).
No. GINA covers only health insurance and employment. Life, disability, and long‑term care insurers are not bound by GINA, so they may consider genetic information when underwriting.
Under the Genetic Information Nondiscrimination Act (GINA), health insurers cannot use genetic information to deny coverage or set premiums. However, GINA does not apply to private or employer‑sponsored plans that are not federally regulated.
GINA’s employment protections apply only to employers with 15 or more employees. Workers at smaller firms may not be covered by GINA, so they should review state laws or company policies for additional safeguards.
Source: MedlinePlus, National Library of Medicine

MedlinePlus brings together authoritative health information from the National Library of Medicine (NLM), the National Institutes of Health (NIH), and other government agencies and health-related organizations.

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