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.

High-profile founder litigation is more than just a media spectacle. For startup founders, these cases underscore the legal and structural risks that can arise when rapid growth outpaces formal oversight. While launching a new company can be both an exciting and deeply rewarding endeavor, founders must be mindful that it also comes with significant risks. […]
Author: Dan Brecher

Every New Jersey company should periodically evaluate its governance framework. Strong corporate governance protects directors and officers, builds investor confidence, reduces litigation exposure, and positions a company for sustainable growth. The first quarter of the year is a great time to evaluate your corporate governance practices and perform any routine maintenance needed to keep that […]
Author: Ken Hollenbeck

Being served with a lawsuit is one of the most stressful legal events a business or individual can face. Whether the claim involves a contract dispute, an employment matter, an intellectual property issue, or another legal challenge, the actions you take in the first few days can significantly shape the outcome of your case. Acting […]
Author: Robert E. Levy

Special Purpose Acquisition Companies (SPACs) continue to gain momentum as we move through 2026. After enduring a significant contraction following the 2021 boom and the regulatory scrutiny that followed, SPAC activity rebounded sharply in 2025 and now carries forward into 2026 with real momentum. The SPAC resurgence reflects broader improvements in both market conditions and the […]
Author: Dan Brecher

Compliance programs are no longer judged by how they look on paper, but by how they function in the real world. Compliance monitoring is the ongoing process of reviewing, testing, and evaluating whether policies, procedures, and controls are being followed—and whether they are actually working. What Is Compliance Monitoring? In today’s heightened regulatory environment, compliance […]
Author: Dan Brecher

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
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!