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ARTICLE · 27 JANUARY 2011

Final GINA Regulations Now In Effect

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The Genetic Information Nondiscrimination Act (GINA) is one of the newest pieces of federal legislation that impacts how and when employers can obtain information from their employees.

United StatesEmployment and HR
Melissa Taylormoore
Melissa Taylormoore
David Greenspan
David Greenspan

The Genetic Information Nondiscrimination Act (GINA) is one of the newest pieces of federal legislation that impacts how and when employers can obtain information from their employees. Although GINA was passed in 2008, the U.S. Equal Employment Opportunity Commission (EEOC) did not promulgate its proposed regulations interpreting the statute until Nov. 2009. After a year-long comment period, the EEOC issued final regulations in Nov. 2010, which went into effect on Jan. 10, 2011. Employers should be mindful of GINA's new regulations as they review and update policies in 2011.

Generally speaking, GINA:

  • Mandates strict limits on an employer's ability to obtain and disclose genetic information.

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