EEOC Issues Final Rule Concerning Federal Genetic Information Nondiscrimination Act

Originally published on 23 November 2010.

The Genetic Information Nondiscrimination Act (GINA) generally prohibits employers from requesting, requiring or purchasing genetic information concerning employees, applicants and their families, and from making employment decisions based on such information. GINA took effect for employers on November 21, 2009; the provisions in the U.S. Equal Employment Opportunity Commission's (EEOC) Final Rule, published in the Federal Register on November 9, 2010, will become effective January 10, 2011.

GINA's general prohibition does not apply to an employer's inadvertent acquisition of genetic information. Examples of such inadvertent acquisition, which are included within the Final Rule, include a manager or supervisor learning information through a post on a social media platform to which a manager or supervisor has been granted access, an employee's response to a broad-based expression of concern, or a manager or supervisor