A medical practice in Florida recently settled a claim brought by the EEOC for genetic information discrimination under “GINA,” the Genetic Information Non-Discrimination Act, according to Bloomberg BNA.

The employer had asked into the COVID testing results of its employees’ family members, but GINA prohibits inquiries into an employee’s family medical history, and the EEOC had issued a COVID guidance prohibiting such inquiries.

The EEOC’s position has not yet been fully tested in court, but employers would do well to follow it in the meantime and to not ask whether employees’ family members have tested positive for COVID.