During a recent GINA webinar I conducted for HR.Community, I was reminded how often one small but powerful compliance tool is overlooked: the GINA warning. Several HR professionals shared that they had never heard of it or did not realize why it mattered. Yet this warning plays a critical role in protecting employers from inadvertently receiving prohibited genetic information when requesting medical documentation.

The GINA warning is a simple statement included on medical certification and health care provider forms that instructs providers not to disclose genetic information, including family medical history. Under the Genetic Information Nondiscrimination Act, employers are generally prohibited from requesting, requiring, or receiving genetic information about employees or their family members. Without the warning, even a routine medical form can expose an employer to liability if a provider includes family history or genetic details.

What many HR professionals do not realize is that including the GINA warning can significantly reduce risk. When the warning is properly included and a provider still discloses genetic information, the employer may be protected because it clearly communicated that such information was not requested. This demonstrates good faith compliance and helps HR show that any genetic information received was truly inadvertent.

This issue often arises in everyday HR processes such as FMLA certifications, fitness for duty exams, ADA accommodation documentation, and post offer medical evaluations. HR may believe it is asking only for job related medical information, but without the warning, the door is left open for providers to include prohibited details. GINA violations are rarely intentional, but intent does not eliminate exposure.

Including the GINA warning is one of the easiest compliance steps HR can take, yet it is frequently missing from forms, templates, and vendor provided paperwork. Reviewing and updating medical documentation regularly is a simple way to protect the organization, respect employee privacy, and demonstrate strong HR leadership.

The GINA Warning Statement HR Should Include

Below is the standard GINA warning language recommended by the Equal Employment Opportunity Commission and commonly used on medical and certification forms:

The Genetic Information Nondiscrimination Act of 2008 prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of an individual or family member, except as specifically allowed by this law. To comply with this law, we ask that you do not provide any genetic information when responding to this request for medical information. Genetic information includes family medical history, information about an individual’s or family member’s genetic tests, information about the manifestation of diseases or disorders in family members, and information about an individual’s or family member’s request for or receipt of genetic services.

HR professionals should ensure this warning appears clearly on any form that requests medical information from a health care provider.

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Elga Lejarza

Founder & CEO

HRTrainingClasses.com

HR.Community