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ARTICLE · 22 NOVEMBER 2010

EEOC Publishes Final Regulations Under the Genetic Information Nondiscrimination Act

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On Nov. 9, 2010, the EEOC published its final regulations under Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA) – 18 months after the EEOC published its proposed regulations for public comment.

United StatesEmployment and HR
Janilyn Daub
Janilyn Daub
Tina Syring
Tina Syring
John Koenig
John Koenig
Norma Zeitler
Norma Zeitler
William A. Nolan
William A. Nolan
Mark Kittaka
Mark Kittaka
Michael Snapper
Michael Snapper
Peter Morse, Jr.
Peter Morse, Jr.
Eric Stahlhut
Eric Stahlhut
+2 more
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On Nov. 9, 2010, the EEOC published its final regulations under Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA) – 18 months after the EEOC published its proposed regulations for public comment. The final regulations will take effect on Jan. 10, 2011.

GINA is designed to prohibit the improper use of genetic information. Title II of GINA prohibits employers from using individuals' genetic information when making hiring, firing, placement or promotion decisions (Title I addresses group health plans and health insurers). Genetic information includes information obtained from the genetic tests of an individual or a family member, or an individual's family medical history. While GINA generally bars employers from obtaining the genetic information of employees or applicants for employment, there are some exceptions to this general rule. For example, employers do not violate the law when they inadvertently acquire an employee's genetic information

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