Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: June 7, 2013
The Firm
201-896-4100 info@sh-law.comThe Equal Employment Opportunity Commission (EEOC) has finally delivered on its promise to enforce the Genetic Information Nondiscrimination Act (GINA). Even though Congress passed the law back in 2008, enforcement has been virtually non-existent until recently. Last month, the EEOC announced that it had filed lawsuits against two employers for GINA violations involving medical exams.
As a reminder, GINA prohibits the use of genetic information in making employment decisions in any aspect of employment, such as hiring, firing, promotions, or any other term or condition of employment. Genetic information not only includes information about genetic testing results, but also includes inquiries into the applicant’s family medical history.
In both cases, the defendant-employers required applicants to submit to pre-employment medical exams, which included family medical history questions. In the case against defendant Fabricut, Inc., the medical examiner’s questionnaire allegedly inquired about the existence of heart disease, hypertension, cancer, tuberculosis, diabetes, arthritis and other disorders in the applicant’s family.
Fabricut, Inc. settled the suit for $50,000 while maintaining that it was not aware of the unrelated medical examiner’s request for family history information in the first place and that it never considered such medical history as part of the hiring process.
Despite the lack of intent by the defendant, the EEOC still found the mere use of the medical history questionnaire a significant GINA violation. “GINA applies whenever an employer conducts a medical exam, and employers must make sure that they or their agents do not violate the law,” said Elizabeth Grossman, the regional attorney in the EEOC’s New York District Office.
For employers, these suits should certainly be a “wake up call.” We encourage all employers to review their policies and procedures to ensure that all medical-related requests comply with GINA. When dealing with third parties, employers can take advantage of a safe harbor provision in GINA by including language in all medical requests that instructs employees/applicants to refrain from answering any questions regarding family medical history and genetic testing.
If you have any questions about the EEOC recent enforcement actions or would like to discuss your company’s GINA compliance, please contact me, Gary Young, or the Scarinci Hollenbeck attorney with whom you work.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

New Jersey personal guaranty liability is a critical issue for business owners who regularly sign contracts on behalf of their companies. A recent New Jersey Supreme Court decision provides valuable guidance on when a business owner can be held personally responsible for a company’s debt. Under the Court’s decision in Extech Building Materials, Inc. v. […]
Author: Charles H. Friedrich

Commercial real estate trends in 2026 are being shaped by shifting economic conditions, technological innovation, and evolving tenant demands. As the market adjusts to changing interest rates, capital flows, and workplace models, investors, owners, tenants, and developers must understand how these trends are influencing opportunities and risk in the year ahead. Overall Outlook for Commercial […]
Author: Michael J. Willner

Part 2 – Tips Excluded from Income Certain employees and independent contractors may be eligible to deduct tips from their income for tax years 2025 through 2028 under provisions included in the One Big Beautiful Bill. The deduction is capped at $25,000 per year and begins to phase out at $150,000 of modified adjusted gross […]
Author: Scott H. Novak

Part 1 – Overtime Pay and Income Tax Treatment Overview This Firm Insights post summarizes one provision of the “One Big Beautiful Bill” related to the tax treatment of overtime compensation and related employer wage reporting obligations. Overtime Pay and Employee Tax Treatment The Fair Labor Standards Act (FLSA) generally requires that overtime be paid […]
Author: Scott H. Novak

In 2025, New York enacted one of the most consequential updates to its consumer protection framework in decades. The Fostering Affordability and Integrity through Reasonable Business Practices Act (FAIR Act) significantly expands the scope and strength of New York’s long-standing consumer protection statute, General Business Law § 349, and alters the compliance landscape for New York […]
Author: Dan Brecher

For many New Jersey businesses, growth is a primary objective for the New Year. However, it is important to recognize that growth involves both opportunity and risk. For example, business expansion often results in complex contracts, an increased workforce, new regulatory requirements, and heightened exposure to disputes. Without proactive planning, even routine growth can lead […]
Author: Ken Hollenbeck
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!