Genetic Information Nondiscrimination Act Compliance: Vaccination Recordkeeping and Incentive Programs

Impact of COVID, Preparing for Future Pandemics

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Wednesday, October 19, 2022

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

or call 1-800-926-7926

This CLE webinar will advise employment counsel on issues related to compliance with the requirements of the Genetic Information Nondiscrimination Act (GINA) under federal Equal Employment Opportunity laws. The panel will discuss recent issues related to the COVID-19 pandemic and how this may affect data collection in future pandemics. The panel will address collecting information on vaccinations, the issues related to vaccination incentive programs, and how contact tracing of employees' family members may violate GINA.


GINA was enacted in 2008, but the COVID-19 pandemic has led to increased EEOC filings for violations of the law. While most employers have little or no interest in their employees' genetic information, the pandemic changed the types of information employers needed to collect to mitigate risks. This data collection led to hundreds of new violations of GINA.

The EEOC provides some guidance for employers. GINA prohibits employers from asking medical questions about family members. In the COVID-19 context, employers seeking to gather information about employees' COVID exposure may ask if an employee has been in close contact with someone who tested positive or was exhibiting symptoms of COVID.

The EEOC guidance clarifies that information on vaccination status (not COVID symptoms or test results) is not considered family medical history. Therefore, employers can request proof of vaccination of employees and their family members without violating GINA. But the data collection ends at vaccination status.

If an employer gathers information on medical history related to an employee's family member's vaccination status, then the employer potentially runs afoul of GINA. The EEOC's analysis makes it clear that the pre-vaccination screening questions for COVID-19 may not seek family history or other genetic information.

Employers looking to take their COVID precautions to the level of incentivizing employees' family members to get vaccinated face various hurdles under GINA. Creating incentive programs can be tricky, as they require collecting pre-vaccination medical screening answers, which would violate GINA. Employers must also make such incentive programs voluntary and the data collected confidential.

Listen as our expert panel discusses how GINA claims have changed due to the pandemic and what employers can do regarding contact tracing and incentivizing vaccination programs in anticipation of future pandemics.



  1. Genetic Information Nondiscrimination Act
    1. History
    2. Recent increased EEOC charge filings
  2. Concerns
    1. Collecting family member data
    2. Collecting vaccination status
    3. Vaccine incentive programs
  3. Best practices


The panel will discuss these and other key topics:

  • What information can employers collect about employees' family members to properly contact trace during the pandemic?
  • How can vaccination programs be incentivized without violating GINA?
  • What are best practices for employers to comply with GINA in preparation for the next pandemic?


Fant, Laura
Laura M. Fant

Special Employment Law Counsel
Proskauer Rose

Ms. Fant frequently counsels on employee leave and accommodation matters involving the Americans with Disabilities Act,...  |  Read More

Additional faculty
to be announced.
Attend on October 19

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You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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