Compliance with the Genetic Information Nondiscrimination Act (GINA) is essential in all FMRT psychological evaluations. This section outlines the requirements of GINA, identifies information that should not be included in employment reports, and provides guidance for documenting family history in a manner that protects applicant privacy while maintaining clinical relevance. Reports should remain focused on the applicant's own psychological functioning and avoid unnecessary disclosure of family medical information.

The Genetic Information Nondiscrimination Act (GINA) is a federal law that prohibits employers from obtaining or using genetic information when making employment decisions.

Because FMRT evaluations are completed for employment purposes, reports must not disclose genetic information or unnecessary family medical history.

Violations of GINA may expose both FMRT and the hiring agency to legal liability.

Do not include information about a family member's:

• Medical diagnoses

• Mental health conditions

• Substance use disorders

• Suicide or suicide attempts

• Psychiatric hospitalization

• Neurological disorders

• Developmental disorders

• Genetic conditions

• Other medical illnesses that could imply hereditary risk

For GINA purposes, "family member" is broadly defined and includes:

• Parents

• Children

• Siblings

• Grandparents

• Grandchildren

• Aunts, uncles, cousins

• In-laws

• Step-relatives

• Adoptive relatives

• Individuals with whom the applicant has a family relationship recognized under GINA

Only include family information when it is clinically relevant to understanding the applicant's functioning.

When family events contribute to the applicant's psychological presentation:

• Focus on the applicant's experience.

• Avoid describing the family member's diagnosis or medical condition.

• Avoid implying hereditary risk.

Preferred examples:

• "The applicant experienced the loss of a loved one."

• "The applicant reported significant family stress during adolescence."

• "The applicant described exposure to considerable hardship within the home."

Avoid:

• "Applicant's father had schizophrenia."

• "Applicant's mother struggled with alcoholism."

• "Applicant's brother died by suicide."

When referencing the death of a family member:

Use neutral, factual language.

Examples:

• "The applicant experienced the loss of a loved one."

• "The applicant reported the death of a close family member."

If clinically necessary and clearly unrelated to a medical condition, a non-medical cause of death (e.g., motor vehicle collision, homicide) may be stated.

Avoid language that could imply a medical or genetic condition, such as:

• unexpected death

• sudden death

• unexplained death

unless the cause is clearly non-medical and clinically relevant.

Yes.

Even if the employer already knows a family member's medical history or circumstances, FMRT reports should avoid repeating unnecessary genetic or family medical information.

The report should remain focused on:

• The applicant or employee

• Current psychological functioning

• Occupational functioning

• Clinically relevant findings

The employer's prior knowledge does not eliminate FMRT's responsibility to maintain GINA compliance.

• Focus reports on the applicant—not the applicant's family.

• Describe the applicant's experiences rather than relatives' medical conditions.

• When discussing family events, use neutral, non-speculative language.

• Avoid including information that could imply hereditary or genetic risk.

• When in doubt, ask: "Is this information necessary to explain the applicant's current psychological functioning?" If not, leave it out.

• GINA compliance applies regardless of whether the employer already knows the information.