Ask Atlas · Discrimination
What does federal GINA generally say about an employer asking an applicant for family medical history in a job interview?
United States — limited federal general information
Published · Reviewed by Ahmad Sulaiman
Under the federal GINA regulation, a covered entity generally may not request an applicant’s family medical history, because the regulation includes family medical history in its definition of “genetic information.” [1] [2]
The rule has specific exceptions, and federal coverage must be established; an applicant is included in the regulatory definition of employee, while many private-employment situations use a 15-employee/20-week coverage definition. [1] [3]
This limited federal overview does not decide whether an exception, federal coverage, or state, local, tribal, or other law applies to a particular interview.
If the question needs individualized review, preserve the exact words used, the interview date and setting, and any related message or form. Those records can help a qualified reviewer assess the relevant jurisdiction and whether a regulatory exception or coverage rule matters.
**Review-only currentness note:** The public eCFR pages were rechecked on October 25, 2026, but each displayed Title 29 only through October 22, 2026 and last amended October 14, 2026. The eCFR is authoritative but unofficial. The October 23–25, 2026 currentness gap remains a material review hold.
**Review status:** Candidate for qualified human review only. It is not legal advice, an accepted answer, or authorized for publication.
Sources
[1] 29 CFR 1635.8 Acquisition of genetic information
