Final GINA Rules

The Equal Employment Opportunity Commission (EEOC) has issued final regulations interpreting the employment provisions (Title II) of the Genetic Information Nondiscrimination Act (GINA) of 2008.

Title II of GINA prohibits employment discrimination based on genetic information and restricts the acquisition and disclosure of such information. Genetic information includes information about an individual’s genetic tests and the tests of family members; family medical history; requests for and receipt of genetic services by an individual or a family member; and genetic information about a fetus carried by an individual or family member or about an embryo legally held by an individual or family member using assisted reproductive technology.

The final regulations provide examples of genetic tests; more fully explain GINA’s prohibition against requesting, requiring, or purchasing genetic information; provide model language employers can use when lawfully requesting medical information from employees to avoid acquiring genetic information; and describe how GINA applies to genetic information obtained via electronic media, including websites and social networking sites.

The EEOC has also issued two question-and-answer documents on the final GINA regulations, one of which is aimed at helping small businesses comply with the law.

For more information: http://eeoc.gov/laws/types/genetic.cfm.