Genetic information does not include information about gender or age. Routine tests such as cholesterol tests, liver function tests, CBC panels, and HIV tests are not covered. HIV is not itself human DNA and measuring its presence does not constitute a genetic test under the law. Additional items not protected are: DNA analysis of infectious agents such as bacteria, viruses and fungi.

Per EEOC, an employer, employment agency, labor organization, or joint labor-management committee shall not be considered to be in violation of this title based on the use, acquisition, or disclosure of medical information that is not genetic information about a manifested disease, disorder, or pathological condition of an employee or member, including a manifested disease, disorder, or pathological condition that has or may have a genetic basis.