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In what it hails as the “first systemic case” under GINA, which was enacted in 2008, the Equal Employment Opportunity Commission announced that it settled a case against a nursing and rehabilitation center that allegedly illegally asked applicants for family medical history as part of a post-offer pre-employment medical examination.  See EEOC v. Founders Pavilion, Inc., No. 13-cv-6250 (W.D. N.Y.), settlement approved 1/9/14.  The settlement resulted in payment of $110,400 for a fund to distribute to 138 claimants.

The EEOC’s position is that employers are prohibited by GINA from requesting family medical history. 

While this is a settlement, not a court decision, and therefore has no precedential effect, we believe that it is significant.  Employers probably should eliminate from post-offer pre-employment medical examinations any questions about family medical history. 

As always, the foregoing is for informational purposes only and does not constitute legal advice regarding any particular situation and should not be relied on as such.  Please contact us if you have any questions.

This update was prepared by Charles S. Elbert.