Time Asks Maureen Maly About ‘Relative' Risk Assessments: Why Employers Don't Pry Into Family Medical History

Questionnaires commonly called "health risk assessments" have become increasingly common in recent years as companies seek to control health care costs when employees enroll for health care coverage. Questions regarding your own health are perfectly legal for an employer to ask, but an employer must avoid questions that could violate the Genetic Information Nondiscrimination Act (GINA), explained Maureen Maly in Time Magazine.

Maly, who leads the ERISA, benefits and executive compensation groups at Faegre Baker Daniels, went on to explain that since GINA passed in 2008, many questions employers had once routinely asked regarding family medical history are now off limits. "Once upon a time, it would get into some questions about family medical history," said Maly. "Most of these questionnaires will not ask that—and they will usually have a warning saying, ‘Don't volunteer any information.'"