EEOC Issues Final GINA Regs

Final
regulations implementing the employment provisions (Title II) of the
Genetic Information Non-Discrimination Act (GINA) were issued today by
the U.S. Equal Employment Opportunity Commission (EEOC). GINA prohibits
employers from discriminating against employees or applicants on the
basis of genetic information about the employee, applicant, or their
family members.

GINA
applies to all public employers, private employers with 15 or more
employees, employment agencies, and labor organizations. Under Title II
of GINA, employers are prohibited from using genetic information to make
decisions about employment and benefits such as health insurance. In
addition, the acquisition and disclosure of genetic information is
restricted.

According to the provisions, genetic information includes:

• Information about individuals’ genetic tests and the tests of their family members
• Family medical history
• Requests for and receipt of genetic services by an individual or a family member
• Genetic information about a fetus carried by an individual or family
  member or of an embryo legally held by the individual or family member
  using assisted reproductive technology

The final regulations:

• Provide examples of genetic tests
• Explain GINA’s prohibition against requesting, requiring, or purchasing genetic information in more detail
• Provide model language employers can use when requesting medical
  information from employees to avoid acquiring genetic information
• Describe how GINA applies to genetic information obtained via electronic media

The regulations were approved by a unanimous vote of the Commission,
and include clarifications and refinements made in response to comments
received during the notice and comment period.

Title II of GINA represents the first legislative expansion of the
EEOC’s jurisdiction since the Americans with Disabilities Act of 1990
(ADA).