The AARP Case and GINA

Even though the AARP v. EEOC case rejected the incentive limits under both the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA), discussions regarding the impact of the case have focused primarily on the ADA. The ADA addresses the collection of employee health information by employers, whereas GINA addresses collection of health information of an employee’s family members. Recall that collecting the health information of an employee’s family member, whether it is a spouse or child, constitutes “genetic information.” One definition of genetic information under GINA is the manifestation of disease or disorder in family members. 29 CFR § 1635.3(c). Read More