EEOC Issues Long-Awaited Final Regulations on the Genetic Information Nondiscrimination Act

Nearly a year after the employment provisions of the Genetic Information Nondiscrimination Act (GINA) took effect, the Equal Employment Opportunity Commission (EEOC) has issued a final rule (pdf) implementing these sections. Title II of GINA – which took effect on November 21, 2009 and applies to the same covered entities as Title VII of the Civil Rights Act of 1964 – prohibits the use of genetic information in making employment decisions, restricts acquisition of genetic information by employers and other entities covered by Title II, and strictly limits the disclosure of genetic information. Title II also prohibits retaliation against employees who complain about genetic discrimination. According to the EEOC, the final rule implements the various provisions of Title II consistent with Congress's intent, provides some additional clarification of those provisions, and explains in greater detail those sections where Congress incorporated by reference provisions from