29 C.F.R. § 1635.3

Definitions specific to GINA

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(a) Family member means with respect to any individual:

(1) A person who is a dependent of that individual as the result of marriage, birth, adoption, or placement for adoption; or

(2) A first-degree, second-degree, third-degree, or fourth-degree relative of the individual, or of a dependent of the individual as defined in § 1635.3(a)(1).

(i) First-degree relatives include an individual's parents, siblings, and children.

(ii) Second-degree relatives include an individual's grandparents, grandchildren, uncles, aunts, nephews, nieces, and half-siblings.

(iii) Third-degree relatives include an individual's great-grandparents, great grandchildren, great uncles/aunts, and first cousins.

(iv) Fourth-degree relatives include an individual's great-great-grandparents, great-great-grandchildren, and first cousins once-removed (i.e., the children of the individual's first cousins).

(b) Family medical history. Family medical history means information about the manifestation of disease or disorder in family members of the individual.

(i) An individual's genetic tests;

(ii) The genetic tests of that individual's family members;

(iii) The manifestation of disease or disorder in family members of the individual (family medical history);

(iv) An individual's request for, or receipt of, genetic services, or the participation in clinical research that includes genetic services by the individual or a family member of the individual; or

(v) The genetic information of a fetus carried by an individual or by a pregnant woman who is a family member of the individual and the genetic information of any embryo legally held by the individual or family member using an assisted reproductive technology.

(2) Genetic information does not include information about the sex or age of the individual, the sex or age of family members, or information about the race or ethnicity of the individual or family members that is not derived from a genetic test.

(d) Genetic monitoring means the periodic examination of employees to evaluate acquired modifications to their genetic material, such as chromosomal damage or evidence of increased occurrence of mutations, caused by the toxic substances they use or are exposed to in performing their jobs, in order to identify, evaluate, and respond to the effects of, or to control adverse environmental exposures in the workplace.

(e) Genetic services. Genetic services means a genetic test, genetic counseling (including obtaining, interpreting, or assessing genetic information), or genetic education.

(f) Genetic test—(1) In general. “Genetic test” means an analysis of human DNA, RNA, chromosomes, proteins, or metabolites that detects genotypes, mutations, or chromosomal changes.

(2) Genetic tests include, but are not limited to:

(i) A test to determine whether someone has the BRCA1 or BRCA2 variant evidencing a predisposition to breast cancer, a test to determine whether someone has a genetic variant associated with hereditary nonpolyposis colon cancer, and a test for a genetic variant for Huntington's Disease;

(ii) Carrier screening for adults using genetic analysis to determine the risk of conditions such as cystic fibrosis, sickle cell anemia, spinal muscular atrophy, or fragile X syndrome in future offspring;

(iii) Amniocentesis and other evaluations used to determine the presence of genetic abnormalities in a fetus during pregnancy;

(iv) Newborn screening analysis that uses DNA, RNA, protein, or metabolite analysis to detect or indicate genotypes, mutations, or chromosomal changes, such as a test for PKU performed so that treatment can begin before a disease manifests;

(v) Preimplantation genetic diagnosis performed on embryos created using invitro fertilization;

(vi) Pharmacogenetic tests that detect genotypes, mutations, or chromosomal changes that indicate how an individual will react to a drug or a particular dosage of a drug;

(vii) DNA testing to detect genetic markers that are associated with information about ancestry; and

(viii) DNA testing that reveals family relationships, such as paternity.

(3) The following are examples of tests or procedures that are not genetic tests:

(i) An analysis of proteins or metabolites that does not detect genotypes, mutations, or chromosomal changes;

(ii) A medical examination that tests for the presence of a virus that is not composed of human DNA, RNA, chromosomes, proteins, or metabolites;

(iii) A test for infectious and communicable diseases that may be transmitted through food handling;

(iv) Complete blood counts, cholesterol tests, and liver-function tests.

(4) Alcohol and Drug Testing—

(i) A test for the presence of alcohol or illegal drugs is not a genetic test.

(ii) A test to determine whether an individual has a genetic predisposition for alcoholism or drug use is a genetic test.

(g) Manifestation or manifested means, with respect to a disease, disorder, or pathological condition, that an individual has been or could reasonably be diagnosed with the disease, disorder, or pathological condition by a health care professional with appropriate training and expertise in the field of medicine involved. For purposes of this part, a disease, disorder, or pathological condition is not manifested if the diagnosis is based principally on genetic information.

Notes of Decisions

Cited in 21 cases (9 in the last 5 years), 2012–2025 · leading case: Alfred Ortiz, III v. City of San Antonio Fire Dept, 806 F.3d 822 (5th Cir. 2015).

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Alfred Ortiz, III v. City of San Antonio Fire Dept, 806 F.3d 822 (5th Cir. 2015). · cites it 2× “§ 2000ff(4)(A); see also 29 C.F.R. § 1635.3 (c). “Genetic test,” in turn, “means an analysis of human DNA, RNA, chromosomes, proteins, or metabolites, that detects genotypes, mutations, or chromosomal changes.”

Lewis v. Gov't of the Dist. of Columbia, 161 F. Supp. 3d 15 (D.D.C. 2015). · cites it 2× “”); 29 C.F.R. § 1635.3 (c). EEOC implementing regulations make clear, furthermore, that “[a] test for the presence of alcohol or illegal drugs is not a genetic test,” 29 C.”

Smith v. Donahoe, 917 F. Supp. 2d 562 (E.D. Va. 2013). “§ 2000ff(4)(A); see also 29 C.F.R. § 1635.3 (c). In light of this definition of genetic information, the Court finds that Plaintiff has not pled any facts indicating that any of the Defendants requested or obtained Plaintiffs “genetic information” and discriminated against him…”

Poore v. Peterbilt of Bristol, L.L.C., 852 F. Supp. 2d 727 (W.D. Va. 2012). “29 C.F.R. § 1635.3 (c)(iii) (2011). The basic intent of GINA is to prohibit employers from making a “predictive assessment concerning an individual’s propensity to get an inheritable genetic disease or disorder based on the occurrence of an inheritable disease or disorder in [a]…”

Equal Emp. Opportunity Comm'n v. Grisham Farm Prods., Inc., 191 F. Supp. 3d 994 (W.D. Mo. 2016). “]” 29 C.F.R. § 1635.3 (g). A disease, disorder, or pathological condition is not considered manifested “if the diagnosis is based principally on genetic information.”

Fuentes v. City of San Antonio Fire Dep't, 240 F. Supp. 3d 634 (W.D. Tex. 2017). “§ 2000ff(4), (7); 29 C.F.R. § 1635.3 (f)(3), (4). However, genetic tests do not include analysis of proteins or metabolites that do not detect genotypes, mutations, or chromosomal changes.”

Lowe v. Atlas Logistics Grp. Retail Servs. (Atlanta), LLC, 102 F. Supp. 3d 1360 (N.D. Ga. 2015). · cites it 2× “*1370 29 C.F.R. § 1635.3 (f)(l)-(2) (2010). Atlas correctly points out that tests like the PowerPlex 21 analysis are absent from the list of “genetic -tests” identified by the EEOC.”

Kniss v. Am. Airlines, Inc. (N.D. Okla. 2020). · cites it 3× “” 29 C.F.R. § 1635.3 (f)(1); see also 42 U.”

Branson v. Caterpillar Inc. (N.D. Ill. 2024). · cites it 2× “” See 29 C.F.R § 1635.3(b); (c)(iii) (“The manifestation of disease or disorder in family members of the individual (family medical history)…”).”

Raskin v. Dallas Indep. Sch. Dist. (N.D. Tex. 2024). · cites it 2× “§ 2000ff(4)(A); see also 29 C.F.R. § 1635.3 (c). “Genetic test,” in turn, “means an analysis of human DNA, RNA, chromosomes, proteins, or metabolites, that detects genotypes, mutations, or chromosomal changes.”

Powell v. Lab Corp. (2d Cir. 2019). “See 29 C.F.R. § 1635.3 (f)(4)(i) (“A test for the presence of alcohol or illegal drugs is not a genetic test.”

Mendenhall v. Kendall (S.D. Ala. 2022). “§ 2000ff(4)(A)); see also 29 C.F.R. § 1635.3 (c). Although Mendenhall appears to list genetic discrimination as the basis for a claim, she alleges no facts in support of a claim for discrimination based on genetic information under GINA, and she therefore fails to state a claim…”

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— 29 C.F.R. § 1635.3(b) — 3 cases

Branson v. Caterpillar Inc. (N.D. Ill. 2024). “” See 29 C.F.R § 1635.3(b); (c)(iii) (“The manifestation of disease or disorder in family members of the individual (family medical history)…”).”

Henry v. AbbVie Inc. (N.D. Ill. 2024).

Short v. MV Transp., Inc. (N.D. Ill. 2025).

— 29 C.F.R. § 1635.3(c) — 1 case

Tulipat v. Lombardo (D. Nev. 2020).

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